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.

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2 Lawyer Answers
Manuel Alzamora Juarez
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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.

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