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My friend and I have signed a year lease and paid the

Customer Question
My friend and I...

My friend and I have signed a year lease and paid the security deposit on an apartment in Los Angeles. We have decided not to take the apartment. We have not moved in nor have access to the property. They want us to find a renter? I am a nurse not a property manager. I cannot afford to pay rent on an apartment I don't live in. What do we do?

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

California

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
11/29/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,069
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Unfortunately, there is not any type of "escape clause" in a lease unless it was specifically stated in the lease. If you are under a written lease for a set term, then if you break the lease, the landlord can potentially hold you liable for up to the entire remaining term of the lease. If your situation has changed, it would not give you legal grounds to get out of the lease without any repercussions.

.

However, if you have to break your lease, the landlord has a duty to mitigate his damages by attempting to re-rent the unit as soon as possible. Once he does so, he can only hold you liable for his actual damages in the form of any lost rent and advertising costs. So if it takes him 1 or 2 months to rent it again, he can only hold you liable for that lost rent plus any advertising costs.

.

So to minimize your potential liability, if you have to breach, make sure you notify the landlord in writing sent certified mail that you are breaking the lease and are aware of his legal duty to mitigate his damages by re-renting as soon as possible so the landlord can immediately put it on the market and hopefully rent it quickly.

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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