Breaking a lease - California tenant rights

[Kayla Shumate]

Hello, 

My question is regarding breaking a lease in California and tenant rights. 

Situation :

Tenant breaks a lease 3 months early. Tenant lived there one year, renewed the lease for a second, but then closed on a house. 

Tenant gave a 60 day notice - Nov 1, saying they’d be out Jan 1 and offered to be out of the house Dec 15th for anyone who might  want to move in early. 

They also were told they need to pay for advertising and work with the landlords Porperty Management company for showings/applications/etc. 

They received an email from the Landlord mid December saying they are still responsible for all rent ($3300) and utilities until the house is rented or less is up (end of March). 

Tenant mailed the rent check for January due to that email and not being able to find anything online that really helps have a stand against the Landlord , but Tenants don’t understand how this can be true - that a tenant would be held to over $9k in rent because they had to break a leasea couple months early after having lived there over a year and a half. 

I’ve had some people tell me tenants are responsible for it all, some say should only be responsible for a flat fee, some say should only be responsible for what “could’ve” been filled (I.e. if someone would sign for $3100 but not $3300, we’d only be responsible for $200 even if the Landlord said no), and also told that in CA if you give 60 days notice you should be let off with no cost. 

Advice? 

Thanks! 

[Gail K.]

Tenants have a legal contract that specifies an beginning and end date; this is known as a lease.  They remain responsible for the rent on such lease until it would normally end OR a replacement tenant is found. 

Management has the obligation to make a reasonable effort to find a replacement tenant.  Effort is on "reasonable"; not heroic.  Unfortunately, this time of year it may be a bit more of a challenge to find tenants.

Some leases will include what is known as an "Early Termination fee" which allows a tenant to "buy" their way out of the lease should they wish/need to end it early.  This might involve providing a 30 or 60 day written notice PLUS a one or two month rent payment to do so.   Did the current lease have this provision?  Doesn't sound like it.

There are some cases where a tenant can legally break a lease; those who are on active duty military status for example.  However, they must also provide the appropriate written notice plus copies of their military orders for transfer.

Unfortunately, buying a house is not a legal justification for breaking a lease.

Gail