Breaking my lease after 3.5 years being Tenant. LL wont say yes (apartment, breaking a lease)

[sallydumay]

Hi guys, I hope you can help me. I have been a good tenant for 3.5 years and last Aug 2013 I was asked to renew my lease (first time they did that), I signed a 10month lease but my option was 12 months or month to month. I signed the 12months. I have the copy back without the landlord signing it. Now, I really need to move out and break my lease, I gave them 30day notice and my reason of job relocation. The property manager told me over the phone that they could be two options. They will not give me SD back or that they will charge me for the days it hasnt been rented. The following day, i followed up, to my surprise, she said, she can not grant me to break the lease. Very different from what she said.

Well, do i have a case if the landlord didnt sign the addendum lease when I signed it? The property is full of weekend warriors smoking weed.

This is a life-changing for me and my kids.

Help pls...thank you.

[Mr_Geek]

Originally Posted by sallydumay

I signed a 10month lease but my option was 12 months or month to month. I signed the 12months. .

What does this mean? Do you mean you originally signed a 10 month but upon renewal you were offered 12 or month to month and you signed 12?

They may not have signed the addendum when you did but be sure that it is signed now.

What does your lease or addendum say about breaking the lease? Most leases have a lease break clause charging a certain amount for a lease break fee.

If there isn't a clause then you are responsible for the lease until it ends but they have to try and rent it.

[sware2cod]

They cannot stop you from moving out.

Please post your lease clause about Early Termination. If you don't have such clause, then you move out and then landlord will try to rerent. You owe rent on the mormal due date each month until landlord rerents or until your lease end date, whichever comes first.

In most states, landlord must try to rerent and if they don't do this, then you don't have to pay rent. It's hard to prove when you aren't living in the area, however. It's also tough to prove if/when it's rerented until you get neighbors to spy for you.

Is your lease expirated end of June 2014 or end of August?

[NoMoreSnowForMe]

I see you're in CA. You can break your lease, then the LL can only charge you rent until he finds another tenant. Unless your lease has a better deal than that, this is what the law says. The termination clause in the lease can't be worse than the law.

I'd give my 30 day notice. Don't ask about a move-out inspection, because if they don't give give you written notice of your right to one, including the actual law of your rights, they lose all right to the deposit. Also, don't ask about your deposit, and wait over 21 days after you move out, and if they don't give you your deposit or an itemization of deductions by then (including receipts, etc.), then again - they lose all right to your deposit, and you can even sue them for an additional 2x the deposit if it was withheld in bad faith.

But be sure in your move-out notice, you give the LL your forwarding address - do this in writing with proof of delivery. Email would work, plus a written letter.

Here's the law:

California Tenants - California Department of Consumer Affairs

Here's a legal article on breaking leases, including a sample letter to a landlord in CA:

Breaking a Lease and Leaving Early | Nolo.com

[oregonwoodsmoke]

Originally Posted by sallydumay

.....tenant for 3.5 years ............The property is full of weekend warriors smoking weed.
.

And this was OK for 3.5 years, but now you think it is grounds to break the lease?

You are going to have to pay a lease breaking fee. Either what it says in the lease or what it says in your local landlord tenant law. Get your landlord to agree to what the fee will be and get it in writing.

Leave the place clean and undamaged if you want your deposit back.Get some photos as you are leaving to show how you left the apartment.

Life will be easier for you if you leave with a good reference, so it won't benefit you to be difficult or to start a fight with management. Usually issues can be resolved with some polite discussion.