Rental Basics in Los Angeles>Question Details

kaiclausschm…, Renter in Manhattan Beach, CA

Can I terminate my rental agreement 1 months in advance?

Asked by kaiclausschmidt, Manhattan Beach, CA Mon Feb 11, 2013

I signed a rental agreement until the end of May 2013. Due to a new Job I will move out in April so I want to terminate my lease earlier. My landlord said if he can rent the apartment to somebody else in May it is fine if not I have to pay half of my monthly rent. Can he do that?

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Answers

9
Congrats on the new job!

If your lease agreement says the lease is until the end of May, you are supposed to pay through the end of May so it is more than fair of your landlord to offer to split the last month with you. It sounds like a good deal to me!

Best Regards,

Jamie Tian
Rodeo Realty
(310) 717-1321
JamieTian@RodeoRE.com
DRE #01920120
Web Reference: http://www.JamieTian.com
0 votes Thank Flag Link Tue Feb 12, 2013
Mostly likely, yes, he can do that if it is in written in the lease agreement.
Read your lease agreement.

Good luck.
0 votes Thank Flag Link Mon Feb 11, 2013
My lease agreement says end of the lease is by end of may. So I think I will go with the compromise my landlord offered. Thanks everyone
0 votes Thank Flag Link Mon Feb 11, 2013
As stated below, I don't know the terms of your rental agreement - but it sounds like he's compromising with you.

You signed a lease that obligates you to pay a full 12 month's worth of rent. He's "throwing you a bone" and letting you off with only half a month's "if" he can't find someone to rent it.

Because you are moving earlier doesn't allow you to break the terms of a lease. I would be happy he isn't demanding a full month's rent for May, as it's well within his right to do.
0 votes Thank Flag Link Mon Feb 11, 2013
That is totally up to your land lord and your lease agreement. Do you know what it says?
It is hard to give advise when we don't know what's on the lease agreement. You need to know what that says. He may be giving you a great deal, but check it out.

Thanks,

Joan Patterson, B.A., G.R.I., Realtor, License #01431647
Keller Williams Realty
951-204-1864
calljoan4ahome@gmail.com
http://inlandempirerealestate.kwrealty.com
0 votes Thank Flag Link Mon Feb 11, 2013
Hi Kaiclauss,

It truly all depends on what was written in the lease. Our standard lease in NJ would state that you are responsible for any damages to the landlord if you were to terminate the lease earlier than the agreed-upon date. However, the landlord has to do everything in their power to mitigate their loss. Only asking for half of your monthly rent is, I believe, a fair compromise as in NJ you would be responsible for the entire time, or a full month, if you left a month early.

Good luck with your new Job!
0 votes Thank Flag Link Mon Feb 11, 2013
Your landlord is being more than fair. If you signed a lease for a year you are committed to that year. I am sure in this tight rental market he will have no problem finding a new tenant.
Web Reference: http://www.homejane.com
0 votes Thank Flag Link Mon Feb 11, 2013
I think your landlord is correct. Pull out your lease and read it. Leases usually address these situations. When you sign a year lease it is for that 12 month term and often landlors will let you out only if they have someone else that will rent it. However, when you review your lease you should have a better idea if there is an out.
0 votes Thank Flag Link Mon Feb 11, 2013
Dear Kaiclausschmidt,

First two things... Congratulations on the new job and I must note that I'm answering this question without reviewing your lease agreement. You may wish to consult an attorney with your lease in hand to get the most accurate answer to your question.

Having said that, I'd pose the reverse question to you. If your landlord were to find a new tenant he wanted to move in to your apartment one month earlier than your agreement stipulated, would it be fair for him to ask you to leave?

My guess is we'd both agree the answer is no. However if he found you a better apartment to move into a month earlier (at say lower rent, in a better part of town) you may be happy to oblige.

It seems your landlord has offered you a fair compromise to your situation. It may not be ideal for you, but perhaps with some additional effort on your part finding a replacement tenant, or a temporary subtenant (friend) who'd like to stay in your place for a month over the summer, you may achieve your goal.

Best of luck!
Allan S. Glass
President
ASG Real Estate Inc. ®
149 S. Barrington Ave, Suite #660
Los Angeles . CA 90049
Mobile: 213.952.9052
Direct: 213.973.8637 (213.97.FUNDS)
Fax: 213.947.4461
E: asg@allanglass.com
http://www.asgreinc.com
CA License: 01154002

Twitter: http://twitter.com/asgreinc
Linkedin: http://linkedin.com/in/allanglass
Facebook: http://www.facebook.com/asgreinc


Visit Allan’s Blog: http://allanglass.featuredblog.com
0 votes Thank Flag Link Mon Feb 11, 2013
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