Fixed-Term Lease in CA

[AndreaW]

I am just trying to interpret California Civil Code section 1951.4, which states "Lessor may continue lease in effect after lessee's breach and abondonment and recover rent if it becomes due, if lesee has right to sublet or assign, subject on to reasonable limitatations." So, for my question; Does this section mean that if a tenant has a six-month lease and somewhere within that time frame gives 30-day notice of intent to vacate, does the landlord have to allow the tenant to sublet the rented property inorder to collect any rent up to the date of lease end? What are landlord's recourses and can landlord charge a fee for breaking lease. Thank you for you time and input!

 

[LL]

Dear AndreaW,

I am not a lawyer, but I am a California landlord of many years, with lots of experience.

I saw your profile, which admits that your occupation is legal research and booklet editing for the State of CA,
and I put 2 + 2 together.

The State of CA put together a booklet some years ago trying to give advice to tenants, which is totally inaccurate, distorts the law and in fact, tries to actually change the law by putting forth some ridiculous interpretations. Are you associated with that effort, or an updating of it? The booklet was put out by a joint effort of the Office of the Attorney General and (get this) the Commission on the Status of Women, during the Jerry Brown years. The Governor is now Grey Davis who was Brown's assistant (Anyone remember Governor Moonbeam ?)

I was in Court a few years ago, being sued by a former tenant, who cited and waved the booklet. The Judge, before I even said a word, said "Lets look at what the law actually says", opened the book, saw that it didn't say at all what the booklet claimed, and dismissed the ex-tenant's claim right then and there, without my having to say a word.

You have also mis-cited the law, left out relevant parts, taken it out of context, as well as given an inane interpretation to it. I don't understand why.

So, for your question: No, it (section 1951.4) does not mean that if a tenant has a six-month lease and somewhere within that time frame gives 30-day notice of intent to vacate, that the landlord has to allow the tenant to sublet the rented property inorder to collect any rent up to the date of lease end. It does not mean that at all.

I am not a lawyer, but I will be glad to tell what I think it means (in fact the whole section 1951, including parts 1951.2, 1951.4, 1951.5, 1951.7, and 1951.8). 1951.3 is not really relevant to the problem that you posed, but all of the other sections are together related to the general problem of a tenant who abandons the leased property. If you write back and tell me if you are part of this dishonest effort to pretend that the law is different than it really is, or not, or what is your interest in this problem, I will give you my response according to what you write.

younglsm

 

[AndreaW]

Response

Hello again, actually no, that is not what I am doing,but I see where you would make that assumption. And if you go back to the time the booklets or "fake laws" pamphlet, or what have you was made I was probaly still in high school and wouldn't have had anything to do with it. The research I do is basically just for civil service and primarily consists of government codes relating to the hiring of employees. And I didn't type out the full Civil Code section because I didn't want to overload the posted message in length, however is was not to manipulate or misconstrue anything. The reason for my asking is because I am currently in a six month lease and do to the high price of my appt.,and the fact that I had to cut back on work for school, I know that my quality of life would be much better in a more affordable living situation. So, I found a nearly ideal situation and I went in and talk to the management staff of my complex and they just blew me off (In fact they said that I didn't even need to give them 30 day notice because I signed a lease) and you see, I thought that I would have to pay a fee for breaking the lease and would be responsible for the remainder (march 19 2001), but I also thought that the lessor would at least take my intent to vacate seriuosly and aide in having the appartment rented. However when I was in the office 2 days ago, two seperate people called and the person working in the office said that she didn't know of any vacancies coming up, which I thought that was sort of, well, wrong. The most important thing I wanted to know, is does a landlord have to make effort to mitigate and am I, as the tenant, allowed to force them to do so? Also, if they do not allow me to sublet or assign the lease what are my options? These appartments are very popular and there is normally a waiting list, so, I put up a notice on campus yesterday and had calls the same evening. So this was really just personal research in which I am trying to find out my options. I am meeting with an attorney today and just wanted to have some knowledge base before the consultation. Thank you.

[Edited by AndreaW on 12-08-2000 at 11:17 AM]

 

[LL]

Glad to have you back, AndreaW.

I don't have a lot of time right now, but I can try to give you a more complete answer later in the day.

Basically, yes, landlord has to try to mitigate his loss, except under condition of 1951.4. The sentence that you copied is not a statement of LL obligation, it is a suggested clause for LL to insert into his lease in order for hime to be able to use a certain remedy. If that clause does not appear in your lease, or something substantially like it, the LL cannot use 1951.4, so you don't need to worry about it.

I don't know how things are up there on the banks of the Sacramento, but here in LA: Well, the last unit I rented out was last August, and it didn't last 24 hours on the market. Vacancy rates are 2 to 3 percent (very low) and in fact there is a shortahe of dwelling places. So I understand about two people calling per hour.

Maybe you misunderstood what the office was saying.

Because you have a lease, a 30 day notice is meaningless, except that it says that your are going. And then the LL has to try to mitigate any losses, by trying to re-rent. Check your lease to see if you are allowed to sublet. Your only worrry is to see that LL will work hard at mitigating. The more notice you give the better, 30 day rules don't apply to you. If you know someone who would ewant you unit, send them to the office.

Tell you more, later

younglsm

 

[LL]

Dear Andrea,

I have a little more time now.

Unless you have a 1951.4 notice in your lease, the LL has to try to mitigate any losses. Apartments are in short supply right now, and they should have no difficulty in re-renting. However, this is Holiday season, business is slower, and maybe the University is also out-of-session, if students are a popular source of tenants in that complex.

No, they cannot charge you a "fee" for breaking the lease. Nonrefundable fees are not allowed in California. You ARE responsible for the remainder of the rent, until the end of your lease, but if the apartment is re-rented to someone else then the LL doesn't lose anything, and the rent from the next tenant is credited to your obligation.

I expect that you will have some charges, however, in addition to responsibility for rental loss. If you don't leave the apartment clean, or you damage something, you should be prepared to pay for that. Additionally, the LL is entitled to charge for the service of mitigating the loss. That means time, advertising, painting, etc.

Often, some complexes, especially outside of LA give 6-month leases which then turn into month-to-month rentals after 6-months. They feel that 6-months is the minimum time that they need to have the place rented in order to cover their basic move-in costs, such as wear&tear on stairs, carpets, painting, etc due to the move-in. If they painted for you, then they shouldn't have to paint again for a new tenant during the term of your lease. Painting one of my apartments costs me $350. If you want to do a calculation, check how much rent you are saving in your new apartment for 3 more months, and compare that to what you may have to pay just for moving out before the end of your lease. On the other hand, if there is a boyfriend involved, well, love always wins out over good sense, especially among the young.

If your apartments are really so popular, there should be no problems to have it re-rented.

I suggest you:

Give as much notice as possible (in writing, of course).

After a couple of days, call the office yourself and ask if there are any vacancies coming up. Ask for an apartment like yours and a date a few days after the date you gave for vacation in your notice. If they say NO VACANCY, go to the office, ask for the manager, tell what you did and the response, and ask why they didn't offer your apartment.

It was a very good idea to put up your notice on campus.
Do that again, if you get calls, show the apartment yourself and if you get a bite, escort your customer to the office and tell the manager that you would like this person to be considered for the apartment you are vacating. Follow it up.

You could also sublease, if your lease allows (or actually, if it doesn't forbid it), but having the LL re-rent the unit is better for you.

I don't really think you will have any difficulty with the office re-renting your unit. They know what the obligations are on their side, and if they have been in business very long, I am sure that they are doing it.

Check your lease for a liquidated damages clause. Maybe they just charge a round number for all of their expenses in having a tenant leave before 6 months. Sometimes this is the amount of the security deposit, and they may not need agreement to do that.

And learn to make your paragraphs and sentences shorter, if you want to look like a university graduate.

Good Luck,

younglsm

 

[AndreaW]

Thank you

Thank you for your great advice. By the time I had a chance to read your post; I had already implemented most of what you had said to do. I think I may have found someone to rent the apt. It is also nice to know that they can only charge me for damages and not some vague amount for breaking the lease.

Also, thanks a lot for the little lesson in proper bulletin format...I am sure that it will take me far in my post graduate life!