Early lease termination in CA

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    Most leases mean the tenant is responsible for rent for the full term of the lease.  If they move early, it still applies though you need to do your best to find a new tenant so often they may pay for part of one month as it shouldn't take that long to find a new tenant.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @PK Adi:

    1. You can't change an existing lease without all parties agreeing. I can't imagine the Tenant agreeing to more costs.

    2. The law already protects you. The Tenant is liable for the full term of the lease, period. If they leave early, you can continue charging them rent until a new Tenant takes over.

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  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    3y
    Quote from @PK Adi:

    Hi,

    Can we add an addendum for a 1 year lease in CA to make the tenant responsible for the rent payment till the landlord finds a new tenant, 
    if the tenant wants to terminate the lease early?

    Thanks,

    PK


     You can only change that lease term/agreement if you draft something and the tenant/owner signs it. That usually is hard to do, or get people to do after the lease has started. Luckily this is already a default clause in the agreement if you used a C.A.R. form, or you have a lease that was drafted on standard CA lease terms. 

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  • Chad Hale
    Property Manager / Investor · San Jose, CA · Member since 2013 · 780 posts · 302 votes
    3y
    As the others said, this (liable for the full lease term) should be standard terminology in your leases.  It is for CAR and CAA leases.
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