Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I was asked to leave my apartment 5 months early. I signed a…

Customer Question
I was asked to...

I was asked to leave my apartment 5 months early. I signed a paper I would turn in the keys by the end of the month and I did. Now I get a bill for the remainder of the 5 month rent.?

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

California

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

No issues of maintenance. It was a 1 year lease

Submitted: 3 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
4/29/2018
Real Estate Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Did you receive a release from the landlord when you vacated?

Do you have written evidence that you vacated at the landlord's request?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I turned in the keys when they asked on the 31st.
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Yes, I understand.

Did you have a written lease? Did you receive a release of the lease in writing when you turned in your keys?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
No
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Why did they want you to vacate early? Did they say?

Was the entire exchange verbal?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I moved out on the 28th.
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Why did you leave early?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
No I got a letter to covenant or quit. So I signed a paper that I would vacate on March 31st.
Customer reply replied 3 months ago
Because the lady upstairs was complaining about us smoking. which was false. I don't smoke. but I left anyways.
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Have they rented out the apartment to a new tenant?

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I don't know. Im not there any more.
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, if you just left, without getting a release, and you had a written fixed term lease, the lease remains in effect and you can still be held liable for the rent.

The good news is that they have to credit you for any rent they receive when a new tenant starts paying for the property you vacated early.

So, you will want to find out if they have relet the premises.

Additionally, the landlord has a legal duty to take reasonable steps to mitigate damages by finding a new tenant.

So, that is something else you will want to find out (if they are trying to relet).

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this and being blindsided by liability.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
I just called and It has been rented.
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Thank you for the additional information.

Then you can only be charged for the shortfall in your own lease.

In other words, the landlord can not collect double rent.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Are you still online with me?

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Did you have further questions? Have I answered your question? Please let me know.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,311
39,311 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I live in California. I rent an apartment and my roomate and
Thank you. I live in California. I rent an apartment and my roomate and I were both on the original lease which is now month to month. He moved out in June of 2018. Now he wants to come back. I have t… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Several months ago I flooded my apartment and got a notice
Hello several months ago I flooded my apartment and got a notice from my landlord to vacate the premises or they will they take me to court. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I am a landlord in Sacramento, CA. I sent my tenant a notice
Hello. I am a landlord in Sacramento, CA. I sent my tenant a notice 60 days in advance to let them know their current lease was expiring and giving them the option to renew for 1 year. The tenant sign… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My husband is relocation for work and I need to break our
My husband is relocation for work and I need to break our lease. We have had numerous issues with flooding and plumbing in our building spefically effecting our apartment causing me to miss work, ect.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
Wife was shown a apartment by the Head property manager Fred,
Wife was shown a apartment by the Head property manager Fred, not the one actual renting because it wasn't available until July 15th. So she applied and paid credit check fee plus a $300 hold fee. We … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
This question has been asked (& answered) many but always seems
This question has been asked (& answered) many but always seems to involve someone who has not paid any rent/utilities, and has no intention of moving out -- this is what makes my question different..… read more
socrateaser
socrateaser
1,031 satisfied customers
I had tenant Mr. A. We had a lease end on Aug 31,2011. Security
I had tenant Mr. A. We had a lease end on Aug 31,2011. Security deposit as one month rent $1495. Mr. A called me around May, He wanted move out as early as possible. I told him that he has lease to fo… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
A year ago my college student son and two friends rented an
A year ago my college student son and two friends rented an apartment. It was a nine month lease. They moved out after the ninth month. Soon after (that week) I (I cosigned for the lease) I was notifi… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
Can I be held liable for these fees my apartment complex is
Can I be held liable for these fees my apartment complex is trying to charge for early lease termination? Please free free to move this question is 'real estate' isn't the proper heading. I'm a JustAn… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
Hi, I live in Bloomfield, NJ. My aparment lease started on
Hi, I live in Bloomfield, NJ. My aparment lease started on August 1st and is a 12 month lease. I recently had a job offer and need to relocate. My lease states: "the tenant or the landlord shall give … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
Dear Mr., Mrs., On August 28, 2010, I signed a 12 month
Dear Mr., Mrs., On August 28, 2010, I signed a 12 month lease for a 1 bedroom apartment on the 7th floor in The Fisher Building, 343 South Dearborn Street, Chicago. The application fees were $450 and … read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I signed a one year lease. Now I want move. The land lord did
I signed a one year lease. Now I want move. The land lord did not write in the lease an early out clause, but when I asked out of the lease they asked for a $4500.00 relleting fee. No where in the con… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My rental agreement states that I have to pay the lease termination
My rental agreement states that I have to pay the lease termination prior to giving my notice. The landlord explained to me that this means even if I give my 30 day notice, If I have not paid the leas… read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I was held to a lease agreement until 31 July 2009. I bought
I was held to a lease agreement until 31 July 2009. I bought a house and moved out early, paying rent each month through the lease. The management contacted me stating they had a tennant to fill my ap… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We moved into an apartment in Carlsbad with a 6 month lease
We moved into an apartment in Carlsbad with a 6 month lease starting in September 2008. On January 2nd the rental office put a notice on our door that our lease would soon be up and they needed to kno… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
We are in Minnesota. We rented an apartment, the land lord
We are in Minnesota. We rented an apartment, the land lord did not present all of the lease at the time of signing. Page 2 (the page that includes that we are responsible for paying the rent if we mov… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
I am ct landlord with apartment attached to our primary residence.
I am ct landlord with apartment attached to our primary residence. Tenent signed one year lease renewal for June1/2008 to May 31/2009 term. She has lived in said premises for three years, but just gav… read more
ctlawyer
ctlawyer
Attorney at Law
Juris Doctor
572 satisfied customers
I recently broke a lease on an apartment. When I leased the
I recently broke a lease on an apartment. When I leased the apartment I asked what happens if I break the lease. I was told that I would loose the security deposit. I gave notice when I paid the rent … read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x