San Jose, CA asked in Real Estate Law and Landlord - Tenant for California

Q: 1 yr lease, month 10 he says he's selling @ end. Found new place, informed & moved month 11. Can he keep prepaid last?

I had zero intent on moving but housing is in extreme demand with low supply. Hence, I had to secure first available option. Not a contentious relationship with landlord but he refuses to refund prepaid last month. He did refund 100% of cleaning deposit.

1 Lawyer Answer
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Technically, landlord has to make a reasonable effort to rent the property for the last month, but then if can't get tenant, you are on the hook. Keep in mind that, although the situation is certainly understandable, it is you who failed to comply with the lease term. It was your choice to leave early. Sorry to give you bad news.

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