HousingApr 14, 2019
Applen00b123

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

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

Amazon jefe_bezos Apr 14, 2019

What does the contract you signed say?

Oath Atinlay2 Apr 14, 2019

You left. What happens after that is nun-ya

Uber ———- Apr 14, 2019

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.

Dolby MoreTaco Apr 14, 2019

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.

OpenTable Meliodas Apr 14, 2019

There are state and local laws at play. Contact a local tenant advocacy group or a lawyer for an answer specific to your situation.

Google 🍑☁️ Apr 14, 2019

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.

Oath Atinlay2 Apr 14, 2019

Not when you’re the one who broke the lease

Google 🍑☁️ Apr 14, 2019

False. I ended my lease early, and I did my research and they still had to pay.

Apple n00b123 OP Apr 15, 2019

Thanks for the replies. Landlord confirmed that will be refunding, despite I broke the lease early. Case closed.