Breaking a lease

Irvinehomeseeker

Active member
Hi,
I am in a situation where I need to exit out of a 12 month lease mid way. With 5 months remaining on the lease, the private landlord is asking 2.5 months of rent and 5 months of agent fee. Is this reasonable ? I am trying to negotiate but landlord is not flexible and intimidating in some ways but indicating resolving in court. I have paid 1.5 months rent as security deposit.

Looking for  some advice here.

Thanks!

 
I think you're better off finding a new renter to sign a new lease. It shouldn't be that hard nowadays given the market.
 
trematix said:
I think you're better off finding a new renter to sign a new lease. It shouldn't be that hard nowadays given the market.

That's an idea. I am wondering if the landlord will allow one because she may want to find and rent at her own terms. This is Irvine, so is easy to rent but it's a private landlord that I am dealing with.
 
Irvinehomeseeker said:
Hi,
I am in a situation where I need to exit out of a 12 month lease mid way. With 5 months remaining on the lease, the private landlord is asking 2.5 months of rent and 5 months of agent fee. Is this reasonable ? I am trying to negotiate but landlord is not flexible and intimidating in some ways but indicating resolving in court. I have paid 1.5 months rent as security deposit.

Looking for  some advice here.

Thanks!

No, he can re-lease the property quickly to take over your lease and might even get a higher rent amount.  As long as you find a qualified renter who will sign a new lease at or more than what you are paying for the rent then you'll be released from the obligation of the lease.  You may be responsible to cover the realtor commissions so the owner is made whole though.  I've done this several times for clients before it's always worked out.  Good luck.
 
USCTrojanCPA said:
Irvinehomeseeker said:
Hi,
I am in a situation where I need to exit out of a 12 month lease mid way. With 5 months remaining on the lease, the private landlord is asking 2.5 months of rent and 5 months of agent fee. Is this reasonable ? I am trying to negotiate but landlord is not flexible and intimidating in some ways but indicating resolving in court. I have paid 1.5 months rent as security deposit.

Looking for  some advice here.

Thanks!

No, he can re-lease the property quickly to take over your lease and might even get a higher rent amount.  As long as you find a qualified renter who will sign a new lease at or more than what you are paying for the rent then you'll be released from the obligation of the lease.  You may be responsible to cover the realtor commissions so the owner is made whole though.  I've done this several times for clients before it's always worked out.  Good luck.
Thank you, Martin!
What are some ways I can took for a replacent tenant ? Is it like work with a realtor on this?
 
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.
 
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

I wonder why she would want to make it difficult. It's like Martin said, rental market is strong, so she could easily find a qualified tenant. She probably could get even higher rent.
 
CalBears96 said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

I wonder why she would want to make it difficult. It's like Martin said, rental market is strong, so she could easily find a qualified tenant. She probably could get even higher rent.

The LL is one of the persons who likes to give hard time for tenants...As per the listing agent on the rental, she just waits for such conflicts.
 
I had to do the same, but the property manager was nice about it. Simply took a penalty of $1500 for breaching the contract and told me to find a replacement. At the time, $1700 for a one bedroom in Westwood was a steal so I had no issues finding a replacement for the remaining 6 months.

Your situation is different since she can simply reject the tenants that may be qualified but not to her liking. I would recommend finding a lawyer to discuss your options... It doesn't seem like something that can easily be solved based off of what you have said...
 
sleepy5136 said:
I had to do the same, but the property manager was nice about it. Simply took a penalty of $1500 for breaching the contract and told me to find a replacement. At the time, $1700 for a one bedroom in Westwood was a steal so I had no issues finding a replacement for the remaining 6 months.

Your situation is different since she can simply reject the tenants that may be qualified but not to her liking. I would recommend finding a lawyer to discuss your options... It doesn't seem like something that can easily be solved based off of what you have said...

The above is correct - The agent told me the LL will come up with anything to reject the potential tenants just to give a hard time. To my email saying I am going to vacate before lease expiry, her (LL) response was give me 2.5 months rent + lease fee and talk to an attorney before replying back.
 
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

What she is asking is not unreasonable.  You are absolutely on the hook for the agent fee.  You also have to factor in the length of time the unit will be vacant before it can be turned over to the new tenant, as well as actual costs to ready the unit for move-in (new paint, carpet, deep cleaning, etc.)

An attorney will cost you dearly, although you can certainly represent yourself.  Keep in mind the law is favors the landlord in this instance since you are the one breaking the lease.
 
In CA, there are plenty of times where the Landlord needs to PAY YOU to leave the property.  Does your LL really understand CA landlord/tenant law? 
 
CalBears96 said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

I wonder why she would want to make it difficult. It's like Martin said, rental market is strong, so she could easily find a qualified tenant. She probably could get even higher rent.

You see lots of that behavior, it?s a control thing.  They don?t see they could be making 20% more a month, they just see the fight about breaking the lease.
 
WTTCHMN said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

What she is asking is not unreasonable.  You are absolutely on the hook for the agent fee.  You also have to factor in the length of time the unit will be vacant before it can be turned over to the new tenant, as well as actual costs to ready the unit for move-in (new paint, carpet, deep cleaning, etc.)

An attorney will cost you dearly, although you can certainly represent yourself.  Keep in mind the law is favors the landlord in this instance since you are the one breaking the lease.

You would have a case for length of vacancy if Irvine weren't a strong rental market. Unless she's really picky about a new tenant, it wouldn't be vacant long.

As for actual costs to ready the unit for move-in, did you actually just say that? Do you mean to say that there will be no costs to ready the unit for move-in if he stayed until the lease ended? This is a non-factor.
 
nosuchreality said:
CalBears96 said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

I wonder why she would want to make it difficult. It's like Martin said, rental market is strong, so she could easily find a qualified tenant. She probably could get even higher rent.

You see lots of that behavior, it?s a control thing.  They don?t see they could be making 20% more a month, they just see the fight about breaking the lease.

You're right about that.

The lease of my rental in Lake Elsinore expires end of May. I'm planning to tell the property manager to let the tenants know soon that I'm not renewing the lease, giving them 2-3 months to find a new place. If they find a new place soon and needs to break the lease, I would happily let them do it, as I want the house back soon so I can just sell it before the housing market cools off.

The housing market in OC is still going strong, but I'm not so sure about Riverside, so I would want to sell the house by the summer.
 
There is a reason for a contract. You have your rights and LL have their pocket book to protect.

Rental market is strong, if you pen down items that would need to get the unit ready with costs, and 30 days of list / rent cost then present this to them, it would be reasonable for you to move on. Typically 10 % of rent income or one month rent to cover the listing fees for realtor services.

Some LL is dumb, unless they are smart at the getgo to grossly over charge you to begin with, then I can't understand why they would not let you proceed.

If you entered into a contract to purchase a home, let them know and they might even congratulate you.
 
WTTCHMN said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

What she is asking is not unreasonable.  You are absolutely on the hook for the agent fee.  You also have to factor in the length of time the unit will be vacant before it can be turned over to the new tenant, as well as actual costs to ready the unit for move-in (new paint, carpet, deep cleaning, etc.)

An attorney will cost you dearly, although you can certainly represent yourself.  Keep in mind the law is favors the landlord in this instance since you are the one breaking the lease.

CA is very tenant friendly state.  He can just tell her to go pound sand and she won't get very far in court.  This landlord doesn't seem to understand that the rental market is pretty hot too and they'll get more for renting it out today.
 
USCTrojanCPA said:
WTTCHMN said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

What she is asking is not unreasonable.  You are absolutely on the hook for the agent fee.  You also have to factor in the length of time the unit will be vacant before it can be turned over to the new tenant, as well as actual costs to ready the unit for move-in (new paint, carpet, deep cleaning, etc.)

An attorney will cost you dearly, although you can certainly represent yourself.  Keep in mind the law is favors the landlord in this instance since you are the one breaking the lease.

CA is very tenant friendly state.  He can just tell her to go pound sand and she won't get very far in court.  This landlord doesn't seem to understand that the rental market is pretty hot too and they'll get more for renting it out today.

Personally, I have not never dealt with anyone that want to break a lease. It will be a lot of waste of time and efforts on BOTH side to go through legal process in court. The contract will need to be fulfilled, unless amend by both party. I would resolve out of court.

There are consequences for both if not fulfill as stated in the contract.

Have you been in this situation before USC?
 
Compressed-Village said:
USCTrojanCPA said:
WTTCHMN said:
Irvinehomeseeker said:
I am learning that this landlord is not the normal kind...she likes to go to court in such cases. I could ask her if I find a replacement tenant will she be okay but the leasing agent is telling me that she will make it difficult in accepting one.

Not a good position to be in...Anyone has recommendations for a good attorney that I can speak to ? Want to avoid going to court as much as I can.

What she is asking is not unreasonable.  You are absolutely on the hook for the agent fee.  You also have to factor in the length of time the unit will be vacant before it can be turned over to the new tenant, as well as actual costs to ready the unit for move-in (new paint, carpet, deep cleaning, etc.)

An attorney will cost you dearly, although you can certainly represent yourself.  Keep in mind the law is favors the landlord in this instance since you are the one breaking the lease.

CA is very tenant friendly state.  He can just tell her to go pound sand and she won't get very far in court.  This landlord doesn't seem to understand that the rental market is pretty hot too and they'll get more for renting it out today.

Personally, I have not never dealt with anyone that want to break a lease. It will be a lot of waste of time and efforts on BOTH side to go through legal process in court. The contract will need to be fulfilled, unless amend by both party. I would resolve out of court.

There are consequences for both if not fulfill as stated in the contract.

Have you been in this situation before USC?

In my case, for every email requesting for a negotiation- the LL simply says lets ask the court or speak to an attorney. Some people are like that...they thrive on such conflicts.
 
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