If I terminate a lease without prior to occupancy in California – and provide written notice 18 days prior to lease start date – what is my penalty?
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If I terminate a lease without prior to occupancy in California – and provide written notice 18 days prior to lease start date – what is my penalty?
Asked on June 18, 2009 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
You will be liable for the entire rent. However, the landlord is under a duty to mitigate damages; this means that he/she is legally obliged to use good faith to try and re-rent the premises. Once the apartment is leased to a new tenant your rental obligation ceases. So, for example, if it takes 60 days to re-lease you would be liable for 2 months rent.
You could also try and find a new tenant yourself. Possibly you know of someone. It might be quicker and therefore you decrease your penalty for early termination.
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