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Im in a 1 year residential lease and my landlord has

Customer Question
Im in a 1...

Im in a 1 year residential lease and my landlord has indicated that I must make rent payments until the end of my lease period or until the apt is rented out.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Long Beach California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Do I have to pay the full amount of rent each month or can I set up a payment plan?

Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
3/24/2018
Lawyer: jb156200, Attorney replied 1 month ago
jb156200
jb156200, Attorney
Category: Landlord-Tenant
Satisfied Customers: 897
Experience: I am a licensed practicing attorney in Tampa, Florida.
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Hello. My name is ***** ***** I am a licensed attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you!

I need some additional information in order to correctly answer your question. Are you trying to terminate the lease early? Have you moved out?

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Customer reply replied 1 month ago
I’m moving out in May and my lease is up in August. I bought a home and that is why I am moving.
Lawyer: jb156200, Attorney replied 1 month ago

Tenants are legally bound to pay rent for the full lease term, typically one year, whether or not you continue to live in the rental unit.

If you don’t have a legal justification to break your lease, the good news is that you may still be off the hook for paying all the rent due for the remaining lease term. This is because under California law (Cal. Civ. Code § 1951.2), your landlord must make reasonable efforts to re-rent your unit—no matter what your reason for leaving—rather than charge you for the total remaining rent due under the lease. So you may not have to pay much, if any additional rent, if you break your lease. You need pay only the amount of rent the landlord loses because you moved out early. This is because California requires landlords to take reasonable steps to keep their losses to a minimum—or to “mitigate damages” in legal terms.

So, if you break your lease and move out without legal justification, your landlord usually can’t just sit back and wait until the end of the lease, and then sue you for the total amount of lost rent. Your landlord must try to rerent the property reasonably quickly and subtract the rent received from new tenants from the amount you owe.

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Customer reply replied 1 month ago
The 2nd part of the question is do I have to pay the full amount of rent each month or can I set up a payment plan ?
Lawyer: jb156200, Attorney replied 1 month ago

You have several options. Option one is to pay the full rent timely every month until the unit is re-rented. Your second option is to negotiate a payment plan with the landlord. Your third option is to not pay and wait for the landlord to file a claim against you for the amount due. Option 2 may be best for you but be advised the landlord is not obligated to negotiate a payment plan.

Another option, is you may find someone to sublease the unit; however you will need your landlord's permission.

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Lawyer: jb156200, Attorney replied 1 month ago

Please let me know if you have an additional question. If not, please remember to rate my service. Thank you!

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Category: Landlord-Tenant
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