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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10215
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I asked my landlord 6 mos. lease because I knew that I

Customer Question

I asked my landlord for a 6 mos. lease because I knew that I would be closing in 6 months or less. She said that she could only give me a one year lease. She only gave me 5 days to sign the lease and said that I would not be able to lease the property if I did not sign the lease in 5 days and would have to move. This did not give me enough time because I have residents living in the group home and it would take time to find them homes. I signed the lease in March and will be closing May 31. Since the conversation with her, She has hired a property manager. He said that she explained the situation to him. I have someone that is buying the business and want to pick up the lease or sign a new lease agreement. He is saying that I can't get my deposit back because I violated the lease agreement that I was forced to sign. Is this legal?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 5 months ago.
Dear Customer,I am very sorry to learn of this situation.Unfortunately, the landlord is entitled to enforce the written terms of the lease agreement.If there is an actual violation of the lease, the landlord can enforce it.If you are terminating the lease early, the landlord can pursue you for rent until either (a) the end of the lease term, or (b) the landlord finds a new tenant to take over the property (whichever occurs first).If you are trying to assign the lease to a new tenant (you are trying to sell the business), the landlord does not necessarily have to accept the assignment (almost all written leases have a provision prohibiting assignments without express approval of the landlord, or outright prohibiting assignments). If the landlord does accept the assignment, the transfer of the security deposit (from you to the new tenant) is going to be based on terms agreed on between you and the new tenant.

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