Thursday, August 19, 2010

Does anyone know where i can find full laws on rental leases? I need to get out of my lease!?

My boyfriend assalted me and now i need to get out of the year lease, does any one know where i can find the california laws about that?Does anyone know where i can find full laws on rental leases? I need to get out of my lease!?
There is no buy out provision in California lease law. If you decide to leave early, the landlord is required to try to mitigate your damages - i.e. find someone to replace you. You are responsible for the rent until he does. Read Civil Code section 1951.2.





Go to your landlord and tell him your problem. Explain that you must leave and that you want him to find a replacement tenant as fast as he can. Quote to him the code - although he probably knows it since it is well known to most landlords. You can read it yourself at www.findlaw.com - go to california codes - civil code - section 1951.





I suggest you give him a dated writing explaining your need and asking him to immediately find a replacement tenant ';to mitigate your damages by finding a new tenant as soon as possible';





On your copy of the writing noite that date and time you gave it and the person you gave it to.





Then leave. If landlord doe not start immediately to get a replacement, document this fact. Then if he sues you for the rent bring this to the attention of the judge.





And of course get a restraining order - Domestic Restraining Orders are free - just go to the court house and ask where you get a domestic restraining order. You fill out a form, stand in front of a friendly judge, tell him the story, and he signs the order.





Good luck - dont worry.





FINALLY


When you are ready to move out, clean the place a little better than it was when you moved in. Tell the landlord you want a move out inspection. Have a friend there and have a camera. If landlord claims that there are problems have him show you exactly and take a photo.


Landlord should reasonably hold back a few weeks rent (time to find a replacement) plus the cost of running an ad to find a replacement plus reasonable clean up charges. He must give you a written accounting of your deposit within 3 weeks of the move out date. If he holds too much or does not give you a written accounting, write him and try to resolve and tell him that if you can not resolve you will take legal acation. If you can't resolve, take him to small claims court if the amount he is hoilding justifies the cost - you must pay a small fee to go to sma;ll claims court and you risk the chance that he may counter sue. Take your friend and photos when you go to small claims court. The judge will be friendly and gentle and fair.Does anyone know where i can find full laws on rental leases? I need to get out of my lease!?
in your contract
Most states have have what is called a ';buy out clause'; which means that you give a 30 day notice and pay one extra month. Check your lease agreement! California law REQUIRES this in ALL lease agreements.
You need to get him arrested and jailed for assault, and get a restraining order to keep him away from you and your home and your business and everything else.


Forget about your lease.

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