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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Landlord-Tenant
Satisfied Customers: 16543
Experience:  Attorney experienced in Landlord-Tenant Law.
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We signed a year lease to rent a guy's condo at $2,290 a

Customer Question

We signed a year long lease to rent a guy's condo at $2,290 a month. Due to unforeseen circumstances, we can no longer afford to stay here. I notified our landlord by phone and in writing in early May to let him know that our June rent was going to be the last one that we could afford. We planned to move out by the 3rd week in June and leave the place spotless so he could easily rent it to someone else. He said he would have no problem renting it. Our lease was supposed to end on November 1, 2016, so we're breaking the lease 4 months early.
JA: When it comes to landlord-tenant issues, accurate information is key. Fortunately, the attorneys you'll meet here have a lot of experience with this, and it would be my pleasure to match you with the best fit.
Customer: Today our landlord sent us a letter quoting CCC Sec. 1951.2 : "If a lessee of real property breaches the lease and abandons the property before the end of the term, the lessor may recover from the lessee the worth at the time of award of the unpaid rent which had been earned at the time of termination". He then charges us an additional $4,580 for two additional months, instead of $9,160 - giving us a break because he wants to help us. We can't afford this. My question is, since we paid $2,000 as our deposit in addition to our first month's rent, can this $2,000 deposit be applied to the $4,580 that he is demanding?
JA: You have to pay for your first question. If you sign up for a membership, there is a free trial for questions after that.
Customer: How much?
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: I'd like to know how much is my question going to cost me? Also, my first submission wasn't finished. My question is actually asked in my second submission.
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to. OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Landlord-Tenant Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Alex J. Esq. replied 10 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Unfortunately, if the tenant ends lease earlier, then the landlord does have duty to mitigate losses by actively seeking to rent the vacant rental, but the landlord can in fact withhold any remaining rent payments (up to the time new tenant moves in) from the security deposit.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Expert:  Alex J. Esq. replied 10 months ago.

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

Expert:  Alex J. Esq. replied 10 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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