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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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If I have provided a 30 day notice and pay days of the month

Customer Question

If I have provided a 30 day notice and pay for the days of the month within that notice, can the landlord charge me for the remainder of the lease?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

Thank you for using our forum, my name is ***** ***** I hope to assist you today.

If you are terminating your lease mid-term (for example, you have a 12 month lease and you give notice to your landlord after 7 months), the landlord is entitled to hold you responsible for the remainder of the lease.

The tenant remains responsible for rent until (1) the end of the lease term; or (2) the landlord finds a new tenant to occupy the unit, whichever one occurs first. The landlord must make reasonable efforts to find a new tenant (such as advertising the unit and not turning down reasonably qualified tenants), but the tenant is responsible for any costs of advertising etc. directly associated with the early lease termination.

Most courts limit damages to 2-3 months if the landlord does not find a new tenant, but this "rule of thumb" is not a legal limit and if the landlord can show they are making efforts to rent the property and are unable to do so, expect the court to enforce the rule above (the actual legal standard).

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