Modesto, CA asked in Real Estate Law for California

Q: what in California is required to get out of a lease of an apartment. with five months remaining on it?

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1 Lawyer Answer
John T. Kontrabecki
John T. Kontrabecki
Answered
  • San Francisco, CA
  • Licensed in California

A: Either a valid legal reason or an agreement for early termination with the landlord. Check your lease to see if the landlord has breached any of the provisions. If so, you may have a basis for termination. If not, then you will need to negotiate your way out of the lease. The first thing to check is the fair market value of your apartment. If the fair market value is greater than what you are paying, you can probably get out. If not, you have a problem that only money can solve.

Another alternative to consider is putting the apartment on the sublease market to find a replacement tenant. Then offer to vacate the premises to enable the landlord to enter into a direct lease with the new tenant.

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