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Kayla Shumate
  • Escondido, CA
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Breaking a lease - California tenant rights

Kayla Shumate
  • Escondido, CA
Posted Dec 26 2017, 20:07

Hello, 

My question is regarding breaking a lease in California and tenant rights. 

Situation :

Tenant breaks a lease 3 months early. Tenant lived there one year, renewed the lease for a second, but then closed on a house. 

Tenant gave a 60 day notice - Nov 1, saying they’d be out Jan 1 and offered to be out of the house Dec 15th for anyone who might  want to move in early. 

They also were told they need to pay for advertising and work with the landlords Porperty Management company for showings/applications/etc. 

They received an email from the Landlord mid December saying they are still responsible for all rent ($3300) and utilities until the house is rented or less is up (end of March). 

Tenant mailed the rent check for January due to that email and not being able to find anything online that really helps have a stand against the Landlord , but Tenants don’t understand how this can be true - that a tenant would be held to over $9k in rent because they had to break a leasea couple months early after having lived there over a year and a half. 

I’ve had some people tell me tenants are responsible for it all, some say should only be responsible for a flat fee, some say should only be responsible for what “could’ve” been filled (I.e. if someone would sign for $3100 but not $3300, we’d only be responsible for $200 even if the Landlord said no), and also told that in CA if you give 60 days notice you should be let off with no cost. 

Advice? 

Thanks! 

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