Rental Basics in 92131>Question Details

Lisavhoffman, Renter in Escondido, CA

can i break a lease agreement on a home prior to moving in?

Asked by Lisavhoffman, Escondido, CA Wed May 15, 2013

Help the community by answering this question:


You "can", BUT

Be prepared for some penalty.

If you have to break the lease due to a hardship, for example you or the other primary income earnerr just received a lay off notice and can no longer afford the monthly lease payment. The landlord may give a break and release you from the terms of the lease without penalty. You of course would need to provide documentation proving the layoff.

If you are breaking the lease simply because you changed your mind, then you will more than likely loose your deposit. And if you are dealing with a real cut throat landlord, he/she may still try and hold you to the lease.

Remember the agreement is valid once the contract is fully executed. "Move in date"
is not a factor.

Best of luck to you!

Kawain Payne, Realtor
Prudential California Realty
0 votes Thank Flag Link Sun May 19, 2013
You can break it all you want, but don't expect your deposit back. What ever happened to keeping and honoring your word?

Hector Gastelum
REALTOR #01382940
Realty Executives Dillon
efax 619-270-2516
0 votes Thank Flag Link Thu May 16, 2013
Hi Lisa,

You would be in breach of your contract, but the landlord would be responsible for finding a new tenant to mitigate your loss. The worst that would happen is you'd lose your security deposit. The court will favor the tenant if the landlord would even think about trying to seek damages. If they landlord can get the place rented at the same time you were supposed to take up occupancy then you should be refunded your security deposit.

Good luck!
Web Reference:
0 votes Thank Flag Link Wed May 15, 2013
It depends on what your lease says....and what you can negotiate with your landlord. It may cost you some money, but it can be done. Make sure you have proper paperwork signed by your landlord agreeing to release you from the lease contract. Jim's comments are also correct in regard to what you can held liable to pay, again depending upon what your lease says.

DRE 01775528
0 votes Thank Flag Link Wed May 15, 2013
If you signed a lease, unless there is a clause to let you out, it is still valid. The landlord can only charge you for actual loss of rent and advertising or other expense expense to replace you and must use diligence to obtain a replacement tenant. You may be able to negotiate a set penalty to have them let you out of the lease as an alternative.
0 votes Thank Flag Link Wed May 15, 2013
It is usually up to the Lessor, but most Lease Agreements have an out clause of some sort. Usually it involves paying up to three months rent. Mind you these terms do very.
0 votes Thank Flag Link Wed May 15, 2013
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2015 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer