---

Posted by Johnny Cheng on March 13, 2000 at 10:32:16:

In Reply to: Re: Breaking lease due to job change: where??? posted by Anna on March 12, 2000 at 21:55:07:

This pertains to the state of California.

: In NYS, you have the absolute right to assign your lease (find a replacement). If your landlord refuses consent unreasonably, you are released from the obligation to pay the remaining months. You have to follow the correct procedure. Read more about it here: search for 'assign' or for RPL 226-b (that's the law itself).

I'm not sure if NYS laws are the same for CA regarding lease reassignment, but I'll certainly look into this.

: Other states require the landlord to 'mitigate damages': honestly look for a replacement, not just sit and wait to sue you. Search here for your state's name and go to TenantNet Home, Other States in right column. http://tenant.net/

: RE: the $250: if it isn't in your lease, they can't collect it.

The $250 penalty is NOT stated explicitly in the lease agreement. There's some implicit clause regarding penalties from a lease breakage, but I'd have to get back to you on exactly what this clause is from the agreement. I also don't know if the agreement should state the penalties explicitly for it to be enforceable by law or if they can reference it in the agreement and that clause by itself would protect them. Any insight into this matter?

Thanks for your thoughtful reply.

Follow Ups:

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: This pertains to the state of California.

: : In NYS, you have the absolute right to assign your lease (find a replacement).  If your landlord refuses consent unreasonably, you are released from the obligation to pay the remaining months.  You have to follow the correct procedure.  Read more about it here: search for 'assign' or for RPL 226-b (that's the law itself).

: I'm not sure if NYS laws are the same for CA regarding lease reassignment, but I'll certainly look into this.

: : Other states require the landlord to 'mitigate damages': honestly look for a replacement, not just sit and wait to sue you.  Search here for your state's name and go to TenantNet Home, Other States in right column.  http://tenant.net/

: : RE: the $250: if it isn't in your lease, they can't collect it.

: The $250 penalty is NOT stated explicitly in the lease agreement.  There's some implicit clause regarding penalties from a lease breakage, but I'd have to get back to you on exactly what this clause is from the agreement.  I also don't know if the agreement should state the penalties explicitly for it to be enforceable by law or if they can reference it in the agreement and that clause by itself would protect them.  Any insight into this matter?

: Thanks for your thoughtful reply.


Optional Link URL:  
Link Title:         
Optional Image URL: 

---