Appartment Leaseing
We are in process of purchasing our first houes and we have a one year lease at our existing rental, we are four months into the lease and we need to move to our new house in two weeks, we have been told by Apparment manager we have to pay rent for the next 8 months or till the find someone else leasing the appartment. At the time of singing the lease we had the option going month to month for extra $300/m, and we choosed the lease to save the $300. We need to move, are we obligated to pay for the 8 months, can we get our deposite back, or can we just pay the extra $300/m for the past four months and break the lease?
Thanks
Re: Appartment Leaseing
The reason they allowed $300 per month less was because the lease guaranteed them that they would have a tenant for one year.
You need to find someone else to take your place, or they can demand full rent for the time it is not rented.
Ken Koenen
Koenen & Tokunaga, P.C.
5776 Stoneridge Mall Rd., Suite 350
Pleasanton, CA 94588
Re: Appartment Leaseing
Unfortunately, your landlord is correct. They have the right to hold you to the lease, regardless of your new home purchase, at least up until the time they reasonably mitigate their losses by finding a new tenant to fill your vacancy. However, with careful, shrew, professional negotiations, you may be able to get the landlord to make a novation and either mitigate damages they way you suggest in your question or by some other mutually agreeable solution. If you would like prompt, affordable negotiations assistance with this unfortunate matter with your landlord, contact us today for a free phone consultation.
H.M. Torrey
The Law Offices of H.M. Torrey
800 West El Camino Real, Suite 180
Mountain View, CA 94040
Re: Appartment Leaseing
I agree with the previous responses that the landlord is correct. “Breaking” a lease is a species of breach of contract, and not only will you not get most, or any, of your deposit back, you may be liable for additional damages equal to rent until the landlord can re-rent your unit.
Your Zip code suggests San Jose. My impression is that the apartment rental market there is strong; it should be pretty easy for you or the landlord to find a replacement tenant and therefore minimize your damages.
The “necessity” of moving out is a situation you created, and neither the landlord nor the court would be very sympathetic.
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318