Breaking lease & security deposit

[AP89]

What is the name of your state (only U.S. law)? California

I need to move and have informed my landlord that I need to break our rental agreement. I sent her a signed letter and she confirmed getting the letter via text message. In the text message, she indicates she is okay with the move. I said I would list the house for rent and stay until someone new moves in. She then sends me a text message that says not to list the house yet because she may have someone to rent it. She also agreed verbally to lower my rent in the meantime. I did not hear back from her until a month later. She asked me in a text message how long I planned on staying at the lowered rent amount. I told her I was going to apply to an apartment that day and would let her know how it goes. She replied ok. I am about to be approved for the new place and now the landlord is asking me to stay longer.

Since she already agreed to allow me to move and asked me not to list the house for rent, can I still move immediately? Am I entitled to a return of my security deposit? I have not seen anything the rental agreement about breaking the lease so I am unsure of my rights.

 

[sandyclaus]

What is the name of your state (only U.S. law)? California

I need to move and have informed my landlord that I need to break our rental agreement. I sent her a signed letter and she confirmed getting the letter via text message. In the text message, she indicates she is okay with the move. I said I would list the house for rent and stay until someone new moves in. She then sends me a text message that says not to list the house yet because she may have someone to rent it. She also agreed verbally to lower my rent in the meantime. I did not hear back from her until a month later. She asked me in a text message how long I planned on staying at the lowered rent amount. I told her I was going to apply to an apartment that day and would let her know how it goes. She replied ok. I am about to be approved for the new place and now the landlord is asking me to stay longer.

Since she already agreed to allow me to move and asked me not to list the house for rent, can I still move immediately? Am I entitled to a return of my security deposit? I have not seen anything the rental agreement about breaking the lease so I am unsure of my rights.

The problem here is the uncertainty from both sides - you as to when you plan to move out, and the LL as to when she will need to have a new tenant move in. You need to give LL at least 30 days' notice (60 days if you have lived in the rental unit for a year or longer). The LL also needs to put her agreement for the lower rent amount IN WRITING so you are not accused later of short-paying your rent.

As for the early termination, why does it matter to you? You have already indicated you are moving out, you just need to inform the LL of WHEN it will happen. By law, you will still remain financially responsible for the rent on this place until the end of the current lease term, or until a new tenant replaces you, whichever occurs first. As for the security deposit, since you would be terminating early, the LL is entitled to retain that portion of the security to both restore the rental to its original condition when you moved in, plus amounts to cover unpaid rent until a new tenant is found. LL is also entitled to any costs or expenses they incur to find a replacement tenant, including advertising and screening costs. That means that the LL may actually not end up giving you much of your security deposit back, if any.

 

[AP89]

The problem here is the uncertainty from both sides - you as to when you plan to move out, and the LL as to when she will need to have a new tenant move in. You need to give LL at least 30 days' notice (60 days if you have lived in the rental unit for a year or longer). The LL also needs to put her agreement for the lower rent amount IN WRITING so you are not accused later of short-paying your rent.

As for the early termination, why does it matter to you? You have already indicated you are moving out, you just need to inform the LL of WHEN it will happen. By law, you will still remain financially responsible for the rent on this place until the end of the current lease term, or until a new tenant replaces you, whichever occurs first. As for the security deposit, since you would be terminating early, the LL is entitled to retain that portion of the security to both restore the rental to its original condition when you moved in, plus amounts to cover unpaid rent until a new tenant is found. LL is also entitled to any costs or expenses they incur to find a replacement tenant, including advertising and screening costs. That means that the LL may actually not end up giving you much of your security deposit back, if any.

So even though she told me not to find a replace because she would yet did nothing to do so, I still have to pay? Should I just find a new tenant on my own?

As far as the condition of the house, the only thing that needs to be done is a repaint but since I have lived here for longer than 2 years, I cannot be charged for repaint.

 

[sandyclaus]

So even though she told me not to find a replace because she would yet did nothing to do so, I still have to pay? Should I just find a new tenant on my own?

As far as the condition of the house, the only thing that needs to be done is a repaint but since I have lived here for longer than 2 years, I cannot be charged for repaint.

Verbal agreements are worth the paper they are written on. You told her you were moving. You need to give your required 60-day notice and make it official.

Once you move out, she is required by law to mitigate her damages by actively searching for a new tenant, but you will remain legally obligated to pay the rent until she finds one. You could certainly find a new tenant on your own, but she must approve the tenant. Just because you bring her someone you find acceptable, she may not agree.