Weaverville, CA asked in Landlord - Tenant for California

Q: If lease requires tenant to pay 10% of monthly rent if tenant breaks lease, plus rent, until new tenant found, legal?

The lease contains a provision that states landlord may charge 10% of her time in finding a new tenant, showing the place, etc., not just advertising expenses. That would be $127 on top of my $1275 rent. I believe CA Civil Code 1951.2 limits landlords from adding additional fees beyond the rent owed and advertising expenses and that the lease provision is therefore void as a matter of public policy. Who is right?

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1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: If there's been no breach of the terms of the lease, the terms in § 1951.2 don't even apply. All you have to do is live up to the terms of the lease until the lease expires, and give the landlord 30 days notice you won't be renewing the lease. You won't have anything to worry about.

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