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I want to break my lease with my landlord because I am getting a new job.

Suisun City, CA |

My lease isn't up until December 2013, but I got a new job and want to vacate the house in 30 days. How do I write a letter stating this but also staying firm but not rude and including the landlords duty to mitigate damages in California? I also want to get my security deposit back. I never seem to be able to get in contact with my landlord when I need things fixed, so how do I include in the letter that they need to respond immediately while not being overly pushy? I want to be accommodating, is it a good idea to include I will pay rent for 1 or 2 months while they find a tenant? If so how to include this? Please help.

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Attorney answers 1


Congratulations on getting a new job. Your letter to the landlord should be simple and to the point. The purpose of your letter should be to inform the landlord of your intention to move out by such and such date, and possibly to propose a lease termination whereby you pay one or two months rent in exchange for a release of future lease obligations. Do not "remind" the landlord of the legal duty to mitigate damages. Do not include a list of items that need to be fixed. Do not ask for your security deposit back.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.