Ending 12 month lease early, no stipulations on lease termination, or early lease termination listed on lease agreement.

As stated, signed a 1 year lease, wanting to end it early. Nothing is stipulated on the lease regarding early termination or penalties. If I provide a 30 day notice, can the landlord hold me accountable. Further, the landlord (whom is a lawyer) had sent me a very threatening email.

To quote, " please do “help[] locate new tenants for the home,” but do it on your own account, not mine: It is you, not me, who is at financial risk. If you think you will just walk, you are sorely disappointed. I know how, and will, hold you financially accountable"
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Answers (1)

Melissa Cari Marsh

Melissa Cari Marsh

Contributor Level 7
I am assuming you signed a residential lease, but yes the landlord can hold you accountable for the term of the lease. However, the landlord is required to use reasonable efforts to locate another tenant. If the landlord locates another tenant, then you will be responsible for the rent for the period of time that the unit remained vacant and for the difference in rent paid between you and the new tenant (if the new tenant pays less).

You should advise the landlord in writing that you cannot make the payments, you need out, you will be vacating the unit in 30 days, that you will immediately list the unit for rent on craigslist and show the place to possible tenants, and that he should do the same as he too has a duty to mitigate damages. You should make sure any replacement tenants you find have good credit scores (at least as good as yours), get their details and a written dated and signed statement from them with their contact information that they are willing to rent the unit (if they are) and send that off to the landlord via email (with confirmation) or via confirmed fax (if you dont get a confirmation go to kinkos) . Remember the landlord has a duty to mitigate his damages.

Disclaimer. Ms. Marsh is an attorney licensed to practice in California. The information posted above is for general information, does not constitute professional legal advice, and does not create an attorney client relationship. Ms. Marsh strongly advises the questioner to consult with an attorney to thoroughly review his or her particular circumstances and for advice tailored to his or her specific circumstances.
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