Menlo Park, CA asked in Landlord - Tenant for California

Q: I want to move out of my current apartment before the lease ends. How much would it cost me if the landlord sues me?

I tried to find new tenants, and haven't been successful so far. If I cannot find anyone before I leave, I plan to leave the apartment (in a good state) and let the landlord keep my deposit. Is it likely for the landlord to sue me? I've been a good tenant paying the rent on time.

Related Topics:
2 Lawyer Answers
Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: If you have tried to get out of the lease and have found it hard to negotiate with the landlord, you may try to get a new tenant to take over your lease. if that does not work, you may look if there are any problems associated with the apartment. If there are some issues, maybe you can get out of the contract by suing him for violations of the warranty of habitability. If nothing works sue him for force majeure and or frustration of purpose if applicable to your lease. Best of luck.

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

A: Cannot answer your question, "How much will it cost me if the LL sues me?" in the dark. Need rental agreement, you could be liable if he cannot re-lease and you have a lease for a set period, you could be liable for all rental payments under the lease. But he must prove adequate attempts to relet, mitigate his damages. On the other hand, if m-t-m, you only need give 30 day's notice. Give him 30 day's notice and if you were there for more than a year, ask for your moving allowance. Take lots and lots of photos of the apartment before you leave. Ask for a pre-move out inspection so LL marks whatever he wants repaired/cleaned. If he refuses, he may not be able to charge you for repairs/cleaning. Don't be so eager to give up your deposit, it is a bargaining chip.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.