Breaking a lease

[The Motor Court Company]

from your point of view, the LL is not flexible and the terms are excessive. But if the breaking lease terms are specified in the rental contract, I don?t really understand why you want to fight this.  A contract is a contract. I agree this LL is not the nicest person and it is illogical not to be flexible given the current rental market but some person is just wired this way.

 

[usctrojancpa]

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?

I've gotten my clients out of leases early over a dozen times over the years by finding a tenant who pays the same rent or more for the home, it's an easy process and they end up making the landlord whole so the landlord is often times in a better place afterwards. 

 

[irvinebullhousing]

@Seeker

It seem like USC can help you. I would enlist his expertise.

 

[Irvinehomeseeker]

@Seeker

It seem like USC can help you. I would enlist his expertise.

LL is not interested in me finding a replacement tenant. She is bent upon suing me!
Thank you all for your advice and suggestions. I will consult an attorney and figure out what my options are.

 

[eyephone]

Just keep in my the cost by hiring your own attorney. It might cost you more to have an attorney and you are responsible for the lease amount if there is no deal.

I know some people rent it out by room for the remainder of the lease. (you can say roommates to help pay rent)

 

[freedomcm]

Don't landlords have an affirmative obligation to mitigate any losses by renting as soon as a replacement tenant can be moved in?
I think in the current rental market that any tenant lawyer could get any loss of more than one month tossed by a judge in a quick second.

 

[nosuchreality]

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?

You don?t actually go to court, you just have lawyers letterhead and the threat of court to bully extra money and concessions out.

The primary attack point is those not in financial or legal position to avail themselves of the court or to make going to court more expensive than making the concession.

 

[irvinebullhousing]

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?

You don?t actually go to court, you just have lawyers letterhead and the threat of court to bully extra money and concessions out.

The primary attack point is those not in financial or legal position to avail themselves of the court or to make going to court more expensive than making the concession.

This is true. That letter would be enough to scare stiffs.

 

[eyephone]

Don't landlords have an affirmative obligation to mitigate any losses by renting as soon as a replacement tenant can be moved in?
I think in the current rental market that any tenant lawyer could get any loss of more than one month tossed by a judge in a quick second.

It all depends. I believe this case is basic contract law. From the facts we are told and not seeing the agreement. The landlord has the right to collect whatever the agreement says. gg

 

[The Motor Court Company]

Yes the landlord is probably an asshole but if it is in the contract, he is not wrong.

Don't landlords have an affirmative obligation to mitigate any losses by renting as soon as a replacement tenant can be moved in?
I think in the current rental market that any tenant lawyer could get any loss of more than one month tossed by a judge in a quick second.

It all depends. I believe this case is basic contract law. From the facts we are told and not seeing the agreement. The landlord has the right to collect whatever the agreement says. gg

 

[freedomcm]

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

 

[Irvinehomeseeker]

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

Thank you!

The only thing is I Do Not want to go through the court process. The LL seems trigger happy to go to court though...she drops court/attorney in each conversation

I am asking her if I can pay her each month until she finds another tenant. For that she wants to talk to her attorney. She is vacationing in Hawaii...in the last 6 months I have rented she has been vacationing in Italy or France or Hawaiii!

 

[marmott]

It wouldn't hurt to contact the Fair Housing Council of OC (https://www.fairhousingoc.org/hud-counseling/) and see what they would suggest.

 

[trematix]

It?s clearly a scare tactic. Anyone can get an attorney for anything but doesn?t mean anything. Personally, I wouldn?t fall for her scare tactics and find a reasonable renter with good credentials.

 

[sleepy5136]

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

Thank you!

The only thing is I Do Not want to go through the court process. The LL seems trigger happy to go to court though...she drops court/attorney in each conversation

I am asking her if I can pay her each month until she finds another tenant. For that she wants to talk to her attorney. She is vacationing in Hawaii...in the last 6 months I have rented she has been vacationing in Italy or France or Hawaiii!

Sounds too busy to go to court

 

[Irvinehomeseeker]

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

Thank you!

The only thing is I Do Not want to go through the court process. The LL seems trigger happy to go to court though...she drops court/attorney in each conversation

I am asking her if I can pay her each month until she finds another tenant. For that she wants to talk to her attorney. She is vacationing in Hawaii...in the last 6 months I have rented she has been vacationing in Italy or France or Hawaiii!

Sounds too busy to go to court

But she loves conflicts and giving hard time to tenants. I found her hard to work with during the initial leasing phase but due to circumstances I had to lease the particular property, so took the risk with leasing her property

 

[trematix]

If that was the case, id put my foot down and tell her go ahead. If you fulfill your obligation and find a reasonable tenant, she can talk about attorneys, courts whatever but if it has no leg to stand on, it has no merit. A lot of people will try to scare you and mention attorney, court etc heck people say ill sue you for 1 million dollars all the time but it doesn't mean anything. I would put that landlord in her place. If she thinks your actually buying her BS about all the court stuff, she holds all the leverage.

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

Thank you!

The only thing is I Do Not want to go through the court process. The LL seems trigger happy to go to court though...she drops court/attorney in each conversation

I am asking her if I can pay her each month until she finds another tenant. For that she wants to talk to her attorney. She is vacationing in Hawaii...in the last 6 months I have rented she has been vacationing in Italy or France or Hawaiii!

Sounds too busy to go to court

But she loves conflicts and giving hard time to tenants. I found her hard to work with during the initial leasing phase but due to circumstances I had to lease the particular property, so took the risk with leasing her property

 

[hamilton]

Don't be scared of the landlord, the law will side with the tenant in most reasonable cases.  If she wants to be difficult then it's pretty easy for you to send a list of repairs that need to be looked at ASAP for safety reasons that she cant ignore.  Do you smell leaking gas around the house?  There is a leaking pipe in the upstairs bathroom which you are worried is causing mold that needs to be checked out ASAP for health reasons.  Get her to send out repair men ASAP and put it in writing. 

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

Thank you!

The only thing is I Do Not want to go through the court process. The LL seems trigger happy to go to court though...she drops court/attorney in each conversation

I am asking her if I can pay her each month until she finds another tenant. For that she wants to talk to her attorney. She is vacationing in Hawaii...in the last 6 months I have rented she has been vacationing in Italy or France or Hawaiii!

Sounds too busy to go to court

But she loves conflicts and giving hard time to tenants. I found her hard to work with during the initial leasing phase but due to circumstances I had to lease the particular property, so took the risk with leasing her property

 

[usctrojancpa]

If you don't have a legal justification to break your lease, the good news is that you might still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code ? 1951.2), your landlord must make reasonable efforts to re-rent your unit?no matter what your reason for leaving?rather than charge you for the total remaining rent due under the lease. So you might not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum?or to "mitigate damages" in legal terms.
https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

Thank you!

The only thing is I Do Not want to go through the court process. The LL seems trigger happy to go to court though...she drops court/attorney in each conversation

I am asking her if I can pay her each month until she finds another tenant. For that she wants to talk to her attorney. She is vacationing in Hawaii...in the last 6 months I have rented she has been vacationing in Italy or France or Hawaiii!

Call her bluff, she's throwing out the attorney thing to scare you.  She'll have a hell of time getting very far if she is vacationing.  Remember, CA is very tenant friendly.

 

[usctrojancpa]

Just rented a Portola Springs condo at full asking price and a Baker condo at $200 over asking price in days with over a half dozen applicants for each home.  You should be able to get out of the lease easily.