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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1734
Experience:  Practicing Attorney with 10 years experience
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I am in my second year of lease at the same location. The

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I am in my second year of lease at the same location. The lease was with a property management company, however just after signing the lease renewal the owner took the "home back" and we now pay him directly.
Currently I am in the process of buying a home and although I was trying to time this with the end of the lease term, 2/28/17, my partner and I fell in love with a house that we have made an offer on and things are moving very fast. If we give notice to our landlord 2 months before the lease ends, what is a reasonable fee we should pay? It's important to note, we have put down a $3500 deposit and rent is $2500 monthly.

Is there a new written lease agreement currently in place or is it a month to month tenancy?

Customer: replied 1 month ago.
It is an abbreviated version of the original lease.
Customer: replied 1 month ago.
1 year lease term.

Then you would likely be responsible for the remaining monthly payments unless you can find a new tenant.

Customer: replied 1 month ago.
Is this California specific? I know each state has different laws on this.

Yes, I have researched California tenant law on several occasions

Customer: replied 1 month ago.
Isn't there a requirement to mitigate the costs by the landlord?

Yes, that is what I meant by finding a replacement tenant. If you find someone for him and he refuses to take them on then that would not be considered mitigating his damages. He needs to be part of the process, but generally it is on the tenant to find the replacement.

Customer: replied 1 month ago.
Oh ok. Can I ask that the $3500 deposit be applied to rent as well?

Yes definitely. If you are willing to forego it.

Customer: replied 1 month ago.
Ok. That's good to know. Since rent is $2500 a month and the deposit is $3500, it's more than ample for "normal wear and tear".

Yes, I would think so.

Customer: replied 1 month ago.
Thank you very much.

Sure, good luck to you guys with this and your new home!

A positive rating of 5 stars would be greatly appreciated.

Asad Rahman and other Real Estate Law Specialists are ready to help you

Let me know if you have any additional questions. Otherwise a positive rating would be appreciated.

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