I am breaking a lease for personal reasons after three months. My landlord will keep my security deposit, but I don't know if they will let me go quietly and try to bill me for the remainder of the year. I read somewhere the lease should tell you what the penatly is if you breach it, and this is no where to be found on the lease. So should I relax or be worried?Breaking a one year rental lease in California?
If there is no fee or penalty stated in the lease, it is because you are expected to fulfill your lease obligations.
The landlord can hold you liable for rent until either your lease expires or a replacement tenant is found.
The landlord can hold you liable for any costs incurred due to your breach, such as advertising costs, agent fees, etc.
California courts are very tenant friendly and will not allow your landlord to let the rental sit empty and collect from you. The landlord is required to mitigate his damages by attempting to find a replacement tenant. The courts will not award the landlord more than 2-3 months rent (tops) due to your breach.
California allows the landlord to hold the tenant liable for any difference in rent if the landlord lowers the rent for a replacement tenant.
EX: You pay $1000 per month in rent. The landlord rents the property to a new tenant for $900 per month. You are liable for $100 per month for the full remainder of the lease - in your case 9 months = $900, plus all other costs incurred.
Breaking a one year rental lease in California?
The only way to know is to ask them. IF they have told you all they will do is keep your security deposit, you should get that in writing, that you have no further obligation to them.
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