Oakland, CA asked in Contracts and Real Estate Law for California

Q: I signed a lease for six months and want to get out in three. How do I go about that?

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2 Lawyer Answers
Marco Antonio Torres
Marco Antonio Torres
PREMIUM
Answered
  • San Diego, CA
  • Licensed in California

A: Depends on your lease and whether it has an early exit clause and/or a defect that the lease would be rendered invalid. We don’t have enough information to give more specific information- but if neither of the above exists then your best bet may be to negotiate an early exist payment.

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Read your lease, all of it. See if there is any reason that would allow you to make an early termination. This is a bad time because there are not a lot of people looking for new rentals, if the market was different, you might be in a better position. You don't say why you want out 3 months early or what kind of property this is, roommates or ? Generally, if the reason is just your personal preference, the answer is: Yes, if you pay the entire 6 months rent, which you are obligated to do under the lease. Like Marco says, perhaps there is an early termination clause or the LL is willing to allow you early termination if you pay some part of the 90 days. Offer him a month, see what he says. Generally, money in hand is worth lots more than trying to run down a tenant that skipped owing 3 months, unless the tenant has a very good and stable job, where you can find him and collect on any judgment.

THE OPINIONS STATED HEREIN ARE BASED ON THE INFORMATION CONTAINED IN THE QUESTION,WITHOUT ANY INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE IN A PUBLIC FORUM, EVEN MINE. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR LOCAL AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS.

Zaher Fallahi agrees with this answer

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