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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10221
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If I am 4 months into a 12 month and get evicted do I owe

Customer Question

if I am 4 months into a 12 month and get evicted do I owe the balance of the remaing 8 months
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 months ago.

Dear Customer,
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Expert:  CalAttorney2 replied 2 months ago.

Yes, unfortunately, as the party in breach of the contract, the landlord can potentially hold you liable for the remainder of the lease contract.

(The way this works is the landlord can claim damages for the remainder of the lease (8 months), or until they find a new tenant using "good faith efforts" (most courts limit this to about 2-3 months, but this is only a "rule of thumb" and the nature of the property as well as the local rental market both play a role in this)).

In practice, most landlords do not pursue this remedy, but it is available to them.

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