and make damm sure you get something in writing from your landlord if you both make a verbal agreement....
in case he is mad and (will try to pull a fast one) and they always do....
and dont be duxxe bag.....
As the other answers note, there are ways--some with penalty, some probably without--that you can terminate the lease. So you may well be able to achieve what you're trying to do. But simply pointing to some law that says, "If a tenant has a lease, that lease is excused if the tenant enters into a purchase contract to buy a property"--no, that doesn't exist.
Hope that helps.
Maybe they can re-rent it sooner and get more rent. If they can't, you will be responsible and the landlord can go after you for damages.
The lease is a valid contract between two parties. What is written and the intent of the contract is important.
Real Estate e broker
Otherwise, you can check with a local tenant advocacy group to see what options they may suggest. But, keep in mind, even if they help you walk away without a penalty, you may have to carry on the fight on your credit report. That may be a big hassle when you're trying to get approval on a loan to buy a home.
Can and should are two different things entirely! You can always break a lease, but the penalty depends on how your lease is worded. As others here have stated the should will involve analyzing how long it will take you to find a house, escrow, etc, how long your lease is and what market you are looking in. If you need help, I also do property management and would love to assist you. We lived for several years in Scripps Ranch and know it well.
It may sound easy to find a replacement, but even if you do, your landlord doesn't have to allow the replacement, especially if no background check was done using the standards of the landlord. But, landlords are people, and may help you out of your lease if there is a qualified tenant. It may not be so easy if your contact is a management company. I've known some who don't care about the tenant and would rather avoid the extra work in getting a new tenant.
When is your lease up? If you have a few months left, don't rush into leaving. It could take many months to find a home you like that fits your budget and loan program. Then, at the end of your lease, try to get a month to month tenancy. Then you only have to worry about part of a month after you close. And these overlaps are helpful if your new home needs painting, new flooring or other work before you move in.
Try talking with your landlord now about your future plans. You may be accommodated with enough of a heads up, but you may find that you don't need it.
Please let me know if I can help in any way.
Is your lease a standard California Assoc of Realtors lease? It would have a CAR logo on top.
Is there any language written in that talks specifically about breaking your lease?
If not, California law says both parties HAVE to mitigate damages. That means you can advertise and find a replacement tenant and the landlord must work with you to let you out The tenants you find MUST qualify in every way you qualified.
Keep in mind, you probably haven't found a house yet, and that takes time. Plus an escrow takes time. If the house you are hoping to buy is a short sale, it could take a few months to close escrow. I had one short sale that took 11 months!
So, I suggest you start looking, and when you are about to open escrow, start advertising to find another tenant. You can also hire an agent to help you. If I was representing you as your agent in the purchase, I would advertise and show your rental and not charge you. So maybe you can make a deal with whoever you choose as your agent.
What area are you in?
I have a few other tricks for getting replacement tenants too if you need help.
Del Mar ca
Without penalty? I doubt it, that is, unless the actual lease allows this.
Talk to your Landlord about what you are planning to see if you can come to an agreement that meets both of your needs. Quite frankly, you really donâ€™t know how long it will take to find your home and even when you do you may not be able to close escrow on the first property you go into contract on.
Before you do so, review your "legal options" via http://docs.Steven-Anthony.com/Landlord-TenantGuideCA2010.pdf Another god Landlord-Tenant link- http://www.nolo.com/legal-encyclopedia/renters-rights
He is the broker and regional realty
email: email@example.com and tell him Jillian sent you :)
You may also want to consult an attorney as a lease agreement is a contract and you are bound by its' contents. Read it carefully. Depending upon the expiration date, you may want to wait to purchase.
Simply The Best Real Estate Co., Inc.
"In California can I break a rental lease to purchase a home?"
In most cases, the answer is yes. Please look at your rental agreeement.
Most will let you break the lease but you will be responsible for any missed rent. You and your landlord should both be looking for you replacement tenant. One thing the owner can not do is to raise the rent in such a way as to make it difficult to rent.
Some larger apartment complexes have set fees for breaking leases and they can be stiff.
Congratulations on making the move to become a homeowner.
This is a great time to do this...interest rates are low, as are prices.
Dennis Smith, ABR, SRES, e-PRO, RealtorÂ® CA DRE#00476662
CDPE - Certified Distressed Property Specialist