Q: Is there anything that can be done about very high lease breaking fees?
I just moved out of my apartment in California and 30 day's notice. They have a clause where I'm responsible for the rent until someone else moves in which is another 6 months. They are now demanding that I pay all 6 months within 30 days of leaving which is impossible for me and was not in the details of the form I signed. They also took 3 weeks to relist the place at a significant increase as well. Is there anything that can be done in this situation? What would the repercussions be if I ignore the bill?
A:
Under California law, landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit after a tenant breaks the lease. This means they cannot simply charge you for the entire remaining lease term without attempting to find a new tenant.
Here are a few key points:
1. Reasonableness of fees: Lease break fees should be reasonable and not amount to a penalty. Charging the entire remaining rent may be considered unreasonable if the landlord has not made efforts to re-rent the unit.
2. Landlord's duty to mitigate: The landlord must make reasonable efforts to find a new tenant. Delaying the re-listing of the property or setting the rent significantly higher could be seen as a failure to mitigate damages.
3. Repercussions of ignoring the bill: If you do not pay, the landlord may send the debt to collections, negatively impacting your credit score. They may also choose to sue you for the amount owed, which could result in a judgment against you.
Consider taking these steps:
1. Document your communication with the landlord and their efforts (or lack thereof) to re-rent the unit.
2. Try to negotiate a more reasonable fee with your landlord, citing their duty to mitigate damages.
3. If the landlord is uncooperative, consider seeking legal advice from a local tenant rights organization or attorney specializing in landlord-tenant law.
Remember, while you may be responsible for some fees related to breaking your lease, the landlord cannot simply charge you for the entire remaining lease term without making efforts to re-rent the unit.
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