What are my options when terminating my lease early?
Full Question:
I am a tenant in a residential lease in California. I notified my landlord verbally that I would like to terminate my lease 30 days early due to family difficulties requiring me to relocate (I also gave my notice in writing 30 days before I wished to terminate the lease). My lease specifies that I may not sublet without consent and that I may not use the security deposit to pay the last months rent. My understanding is that if I provide a ready, willing and able party (with no legal reason for the landlord to deny leasing to the party) to rent the apartment starting when I move out, that the landlord may not charge me for the last month of rent.
The building manager is refusing to allow me to do this. I would like to mitigate my financial damage as much as possible. The building manager is also refusing to allow me to speak to the owner of the building (who is responsible for making these decisions).
04/29/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: California |
#3415
Answer:
A restriction on transfer of a tenant's interest in a lease may require the landlord's consent for transfer subject to any express standard or condition for giving or withholding consent, including, but not limited to, either of the following:
(a) The landlord's consent may not be unreasonably withheld.
(b) The landlord's consent may be withheld subject to express standards or conditions. Titel 5, Chap. 6, §1995.250 If a restriction on transfer of the tenant's interest in a lease requires the landlord's consent for transfer but provides no standard for giving or withholding consent, the restriction on transfer shall be construed to include an implied standard that the landlord's consent may not be unreasonably withheld. Whether the landlord's consent has been unreasonably withheld in a particular case is a question of fact on which the tenant has the burden of proof. The tenant may satisfy the burden of proof by showing that, in response to the tenant's written request for a statement of reasons for withholding consent, the landlord has failed, within a reasonable time, to state in writing a reasonable objection to the transfer. Title 5, Chap. 6, §1995.260
