Legal Question in Real Estate Law in California

Lease Breaking from the Tenant's perspective

In order to break my lease, I was told a $2000 fee and 30-day notice period would be instituted unless I found a substitute tenant to take over the lease. After searching unsuccessfully for a substitute, I turned in the ''notice to leave'' form.

Less than one week later, I found a prospective tenant to taking over my lease. Turns out, the management company had already found someone. I was told I had to commit to the $2000 fee even though management benefitted from my tenant search effort and placed the new prospective in another empty unit. Is there any way I can challenge the $2000 fee?


Asked on 11/22/02, 5:49 pm

2 Answers from Attorneys

Re: Lease Breaking from the Tenant's perspective

If you break your lease the landlord cannot charge you a penalty. He can charge you for the lost rent and the cost of finding another tenant. That cost could include advertising expense and real estate

agent's fee, for example.

From what you wrote, there will be little or no lost rent and re-rent expense, assuming the new tenant will pay the same or a higher monthly rental. That sum, and only that sum, is what you owe even if the penalty is in your lease agreement. If you can manage not to pay the $2,000, then don't. If you have to, pay and sue in

small claims.

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Answered on 11/22/02, 11:56 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Lease Breaking from the Tenant's perspective

This is a small claims matter. You can sue the landlord and management company in small claims setting forth your allegations and basing your claim on the law of "unjust enrichment." You will need to prove that the company in fact rented to a tenant which was introduced to the unit through your own efforts. The judge will have the power to award all or part of your money back. But, he may not. He will have to be convinced that allowing the status quo would result in the defendants' unjust enrichment.

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Answered on 11/23/02, 2:37 pm


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