What steps should I take as a landlord in California when my tenant wants to break their lease early?
As a landlord in California, if your tenant wants to break their lease early, you should take the following steps:
- Review the lease agreement - The lease agreement signed by the tenant should contain provisions regarding early termination. It is crucial to review the lease agreement to determine whether the tenant has the right to terminate the lease early and what the terms of such termination are.
- Negotiate with the tenant - It could be beneficial to negotiate with the tenant and reach an agreement regarding the terms of early termination. For instance, you could request that the tenant pays a penalty for breaking the lease early, or you could agree to an early termination if the tenant finds a new tenant to take over the lease.
- Find a replacement tenant - In California, landlords have a duty to mitigate damages when a tenant terminates a lease early. This means that a landlord should make reasonable efforts to find a new tenant to take over the lease. If the landlord finds a replacement tenant, the tenant who is breaking the lease may not have to pay rent for the remainder of the lease term.
- Obtain a written agreement - If you reach an agreement with the tenant for early termination, make sure you obtain a written agreement signed by both parties. This agreement should state the terms of the early termination, the amount of any penalties or fees, and any other relevant details.
- Follow the proper procedures - It is also important to follow the proper procedures for terminating a lease. This includes giving the tenant proper notice, adhering to any statutory notice periods, and ensuring compliance with California state law.
Please note that there may be limitations or exceptions to the advice provided, depending on the specific circumstances of a case. Therefore, it is recommended to consult with a licensed attorney for legal advice on this matter.