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FWIW, landlords often include unenforceable terms with respect to lease break fees [1]. This is a common pattern [2]. In my only experience with breaking a lea

FWIW, landlords often include unenforceable terms with respect to lease break fees [1]. This is a common pattern [2]. In my only experience with breaking a lease, my lawyer advised me to inform my landlord that I was aware of California state law, and then wait for them to negotiate. They initially counter-offered that I pay 2.5 months to break the lease, and ultimately agreed to 1 month. Probably harder to do during COVID, though, with such high vacancy rates. [1]: https://caretaker.com/learn/breaking-a-lease-early/mitigating-damages-in-california https://caretaker.com/learn/breaking-a-lease-early/mitigatin... [2]: https://academic.oup.com/jla/article/9/1/1/3852726 https://academic.oup.com/jla/article/9/1/1/3852726

greggman3 5y ago
Maybe it depends on where. AFAIK you're obliged to pay the entire lease with a few exceptions that might help you get out earlier. One being a nice landlord (so not a law) https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html https://www.nolo.com/legal-encyclopedia/free-books/renters-r... AFAIK what you linked to only says a landlord is required to try to find a new renter. In SF that's probably easy to find but any many places it could easily be several months all of which you'd be required to keep paying.
- stochtastic 5y ago
  Agreed, my experience is CA-specific (though it also appears to be true in some other metros like Boston). The thing I was surprised about is that it's pretty normal for specifics in leases to not be legally enforceable, if not outright illegal. Normally I'd have had a cordial discussion with my landlord, but in this case the landlord was a giant corporate REIT whose boilerplate lease was largely unenforceable (no doubt they know this, and have figured out that people assume leases are legally binding regardless of the terms).

greggman3 5y ago

Maybe it depends on where. AFAIK you're obliged to pay the entire lease with a few exceptions that might help you get out earlier. One being a nice landlord (so not a law) https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter9-5.html https://www.nolo.com/legal-encyclopedia/free-books/renters-r... AFAIK what you linked to only says a landlord is required to try to find a new renter. In SF that's probably easy to find but any many places it could easily be several months all of which you'd be required to keep paying.

stochtastic 5y ago
Agreed, my experience is CA-specific (though it also appears to be true in some other metros like Boston). The thing I was surprised about is that it's pretty normal for specifics in leases to not be legally enforceable, if not outright illegal. Normally I'd have had a cordial discussion with my landlord, but in this case the landlord was a giant corporate REIT whose boilerplate lease was largely unenforceable (no doubt they know this, and have figured out that people assume leases are legally binding regardless of the terms).