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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I submitted a notice ti vacate thinking that i was on a month

Customer Question

I submitted a notice ti vacate thinking that i was on a month to month basis. I was told that i am on a 1 yr. lease contract. I concede to to stay and be responsible till the end of my lease however since I didn't respond on a timely basis i was to move out july 12 as per my notice to vacate. Since my apt. Has already need rented by another prospective tenant, mangement is insisting that I have to move put and be reaponsible for the 3 months not livinh in the apt I occupy. What ars my options or is this lega, and what can I do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer, thank you for using our service. I would like to assist you today. Responses may have a short delay for review and research.
If your landlord has already leased the unit they cannot charge you for the time that the new tenant is going to be occupying the unit. (They cannot charge you both for the unit for the same period of time).
If you are vacating a unit mid-lease your liability is to pay for rent until the end of the lease term or until a new tenant takes possession whichever comes first.
See generally: http://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html
It appears your landlord is trying to "double dip" on you with the additional charges. You can write back to them and notify them that you are willing to vacate on time following the confusion regarding the lease and the fact that they have a new tenant taking over the lease, but you are not willing to pay for rental damages past the new tenant's lease.
If they wish to push the matter, and are unwilling to negotiate further, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.
Customer: replied 1 year ago.
Thanks for your rapid answer and will contact ABA.
Expert:  CalAttorney2 replied 1 year ago.
You are welcome, and I do wish you the best with this matter.
(You will want to search for your local (county or city) bar association though for more localized referrals, see: http://members.calbar.ca.gov/search/ba_search.aspx for a directory).
Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.
Thank you again, and again I wish you the best.
Bill

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