Law in California about landlord renting to someone else after I broke the lease earlier.

Apple n00b123
Apr 14 13 Comments

My lease was until Apr 30th. Left at beginning of March and of course I paid until Apr 30th.
She was able to rent out to someone else starting on Apr 10th. Should she refund me for the days between Apr 10th and Apr 30th? Is there a law for it?

TC: ~300K

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TOP 13 Comments
  • Dolby
    MoreTaco

    Dolby

    BIO
    Just browsing. Very happy at current company.
    MoreTacomore
    If the new tenant moves in before the end of the notice period, the landlord must return a portion of the previous tenant’s rent. It is not legal to accept rent from two different parties for the same rental unit at the same time. Although, if you ended your lease early and that was payment for early termination, then that may reduce how much they have to return to you as the currently vacated tenant.
    Apr 140
  • Google / Eng🍑☁️
    I dealt with this when I moved recently. Under California's laws, they must refund you based on the date that the new tenant moved in.
    Apr 146
    • Oath / MgmtAtinlay2
      Not when you’re the one who broke the lease
      Apr 14
    • Google / Eng🍑☁️
      False. I ended my lease early, and I did my research and they still had to pay.
      Apr 14
    • Oath / MgmtAtinlay2
      Good luck with that
      Apr 14
    • Google / Eng🍑☁️
      You literally can Google the law in 2 minutes and find out that you are wrong
      Apr 14
    • Oath / MgmtAtinlay2
      So can you
      Apr 14
    • Apple n00b123
      OP
      The landlord just confirmed that she will be refunding based on the date they new tenant moved in
      Apr 15
  • Amazon jefe_bezos
    What does the contract you signed say?
    Apr 140
  • Apple n00b123
    OP
    Thanks for the replies. Landlord confirmed that will be refunding, despite I broke the lease early. Case closed.
    Apr 150
  • OpenTable Meliodas
    There are state and local laws at play. Contact a local tenant advocacy group or a lawyer for an answer specific to your situation.
    Apr 140
  • Did you break the lease and move out, or just move out?

    This article may be a good starting point: https://www.nolo.com/legal-encyclopedia/tenants-right-break-rental-lease-california.html

    Looks like Cal. Civ. Code § 1951.2 may be relevant.
    Apr 140
  • Oath / MgmtAtinlay2
    You left. What happens after that is nun-ya
    Apr 140

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