Early Lease Break Clause - Oakland, CA.

[Maya V.]

Can anyone tell me if it is legal to include an early lease break clause in Oakland, CA? I have scoured the internet and cannot find any information. The only information I am getting is from the EzLandlordForms website that says:

"California Civil Code requires the landlord to mitigate damages if a tenant needs to break a lease early. Generally a pre-determined or set fee may be considered a penalty, therefore it is usually not permitted."

This is related to my earlier post -

http://www.biggerpockets.com/forums/52/topics/1349...

I'm about to get him to sign an Early Lease Break Addendum stating that we will meet in the middle and he will pay for one of the two month's he is bailing on the lease and damages to the counters which were not easy water stains but probably oil stains and I will need for sure that whole month to get the unit back in shape. I was hoping to find out from possibly someone who knows about Oakland in particular and if I'm able to use an early lease break clause here.

Thanks in advance