Home Buying in San Ramon>Question Details

Rp, Real Estate Pro in San Ramon, CA

I am buying a house in san ramon & needs to break my rental agreement, can I do it without paying penality??

Asked by Rp, San Ramon, CA Sun May 18, 2008

I suppose to pay penality if I break the lease but heard in CA if buy new home then can break the lease without penality.

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First talk to your landlord and tell them what you want to do. If the unit is leased and the new tenant is accepted by the landlord and starts paying the day after you stop paying you should not be liable for lease payments but you will still be accountable for damage, cleanup etc. If the work to bring the property up to "move in" condition again takes some time you may incur some costs. Your security deposit is partially or wholly at risk.

Even if you move out without a tenant in place the landlord has a duty to attempt to re-lease the property in a timely manner. You are liable for the difference to the landlord in that case.

You bought a home at a great (presumably) price in this market. If you spend some money in breaking your lease consider it a moving expense. If you saved $50K on your purchase yet spend $2K by breaking your lease you are still way ahead.

Talk to your landlord and work together to get a new tenat asap or mitigate your expense. If push comes to shove, honor your ethical and financial committment to your landlord and move forward.

Before simply "breaking" your lease, check with your attorney or a local housing or tenants rights group.

Congratulations on your new home and best of luck!
Web Reference: http://www.marstonmyers.com
0 votes Thank Flag Link Mon May 19, 2008
Your lease agreement should have some clauses in there regarding breaking a lease. There are ways to get out without a prepayment.

For example, if it's allowed by the landlord or property management, you may be able to find someone else take over your lease. Brush up on the California Landlord/Tenant Law where it says that "The disadvantage of a lease is that if you need to move, a lease may be difficult for you to break, especially if another tenant can't be found to take over your lease. If you move before the lease ends, the landlord may have a claim against you for the rent for the rest of the lease term."

Go to this site for mnore information http://www.dca.ca.gov/publications/landlordbook/index.shtml
0 votes Thank Flag Link Sun May 18, 2008
Rjp.....

Look at your rental agreement carefully, go to the landlord and ask if they will let you out of the lease and under what tems. A lease is a lease and purchasing a new home is not usually an easy out. Good luck.
Web Reference: http://pamwinterbauer.com
0 votes Thank Flag Link Sun May 18, 2008
Pam Winterba…, Real Estate Pro in San Ramon, CA
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