Can I Get Out of My Lease Early If I Have A Roommate?
Full Question:
I moved in with a roommate and signed a lease for three months and after three months we will be on a month to month basis. After three weeks into this I just cannot stay here. My roommate has all kinds of mood swings. We are just not getting along. My question is, can I break this lease before the next month? I just feel like packing my things and leaving. If I do what will happen? My roommate lives in Castro Valley.
07/28/2009 |
Category: Landlord Ten... ยป Lease Termin... |
State: California |
#17835
Answer:
If you signed the lease, you are bound by the terms of the lease and a failure to fulfill the conditions of the lease may be considered a breach of the lease. When a tenant terminates a lease early, she can be liable for the remainder of the rent due under the lease. However, the landlord has a duty to mitigate (lessen) damages by making a reasonable attempt to relet the premises.
If the lease doesn't provide for early termination, and the landlord isn't failing to uphold his or her duties, it may be possible to have the landlord agree to an early termination. Typically the landlord will require some incentive for such an agreement, such as some form of compensation and/or assistance in obtaining a replacement tenant.
