Breaking lease early

Status
Not open for further replies.

invisible52

New Member
We have a lease for 2 yrs on a place. However, there is a clause to give a 60 day notice to vacate the premises. This was discussed before signing the lease if we wanted to leave early or if my work had moved out of state.

California -

On the clause it states: The tenants should provide a 60 day notice to vacant the premises.

Based on this, do I ahve the ability to leave after 6 months or 1 yr or any time before the lease is up with a 60-day notice?

There is nothing else added to the clause and no agreed upon time we had to stay in the place to give a 60 day notice.

Are we able to leave with a 60 day notice before the lease is up and get our deposit back?
 
Based on this, do I ahve the ability to leave after 6 months or 1 yr or any time before the lease is up with a 60-day notice? Yes.

There is nothing else added to the clause and no agreed upon time we had to stay in the place to give a 60 day notice.

Are we able to leave with a 60 day notice before the lease is up and get our deposit back? You will probably have to pay for a lease break fee and a prorated amount of rent due to breaking the lease early. Check your lease agreement about fees; that can be deducted from your deposit.
 
So, With the 60-day clause on te lease I can leave early? when we discussed the lease before we signed it we asked about getting out of it early due to possible company moving or buying a house. My company had ideas of moving but we saw the housing market start to go down.
So, Based on the clause with no stipulation of time...I can get out wiht giving a 60 -day noticce. There are no fees mentioned except paying leagal fees if it goes to court for any reason.
 
You need to be sure that this 60 day notification clause does not involve ONLY notifying your landlord 2 months before the actual lease is to end...as opposed to believing you can break the lease with only a 60 day notice.

Many leases have a 30 or 60 day clause that focuses only on when the actual lease will end. This allows the landlord to begin showing the rental unit with the goal of having it rerented when the lease legally ends and the tenant will be moving out.

Otherwise many leases will automatically switch to a month to month status.

Many tenants misinterpret this and assume that if they give their 30 (or 60) day notice anytime during the life of the lease, this absolves them of any further rent responsibilities despite the fact that their lease has not yet run out.

They are surprised to learn that not only do they not get their security deposit back (it is used for owed rent) but that the landlord files against them for more rent owed.

This is why, if a tenant feels that they may not stay in a rental for an entire year they should try to go for a month to month lease (as opposed to a year lease). In that situation, only a 30 day notice to vacate is required.

I hope this makes sense.

Gail
 
I think the issue is when we discussed the lease wiht the landlord we told him we might be moving or possibly buying a new house before this twoyear date is up. this is where he brought up giving 60 day notice. Well, since we are going to buy a house and we looked over the lease there was a 60 notice clause that we discussed but as we are finding it out the clause is what Gail has posted. The landlord told us what we wanted to hear in order to get us in the place and did not agree on what we discussed. This is what bothrs me is e discussed and agred upon it but now they are saying no since we want to get out.
 
Status
Not open for further replies.
Back
Top