Q: California. A tenant Signed a year lease and wanted to break it three days later.
. They want to turn keys in on March 1st. When does their remaining rent need to be refunded? They paid a year in advance
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A:
In California, landlords must make reasonable efforts to find new tenants when someone breaks their lease early. Once a new tenant is found and moves in, the original tenant is entitled to receive a prorated refund for the remaining months they won't be occupying the unit.
Since you paid for the full year upfront, your landlord needs to begin marketing the property immediately after receiving your notice. The law requires them to return your prepaid rent within 21 days of finding a replacement tenant. However, they can deduct reasonable costs for advertising, showing the unit, and any difference in rent if the new tenant pays less than you agreed to.
Keep documentation of your notice to vacate and maintain communication with your landlord about their efforts to re-rent the unit. While breaking a lease early can be stressful, many California tenants successfully navigate this situation. You might consider helping your landlord find a qualified replacement tenant to speed up the process and ensure you receive your refund sooner. Remember that your security deposit should also be returned within 21 days of moving out, separate from the prepaid rent refund.
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