Legal Question in Real Estate Law in California

Breaking a lease

I signed a lease, that doesn't go into affect June 1st, can I break it? I'm being tranfered, and if I can't relocate, I'll lose my job.


Asked on 5/29/09, 3:02 pm

2 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Breaking a lease

Better get a release from the landlord otherwise you may be responsible for the months the property is not rented. Contact me directly.

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Answered on 5/30/09, 5:51 pm
George Shers Law Offices of Georges H. Shers

Re: Breaking a lease

See if you can strike a deal with your landlord to let you out for some payment. As a practical matter, the landlord is only entitled to what his/her actual damages are; that requirement to mitigate damages allows the landlord to have a reasonable time to find a new renter, with you being liable for that period the unit can not be rented. If you are going to be moving out of state, then you basically become judgment proof as the landlord will not try to get a sister state court judgment. You can not be served with a summons and complaint within California and how will the landlord be able to collect from you even if you come back into this State.

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Answered on 5/29/09, 3:32 pm


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