Full question:
I am a tenant in a residential lease in California. I notified my landlord verbally that I would like to terminate my lease 30 days early due to family difficulties requiring me to relocate (I also gave my notice in writing 30 days before I wished to terminate the lease). My lease specifies that I may not sublet without consent and that I may not use the security deposit to pay the last months rent. My understanding is that if I provide a ready, willing and able party (with no legal reason for the landlord to deny leasing to the party) to rent the apartment starting when I move out, that the landlord may not charge me for the last month of rent. The building manager is refusing to allow me to do this. I would like to mitigate my financial damage as much as possible. The building manager is also refusing to allow me to speak to the owner of the building (who is responsible for making these decisions).
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
A landlord's consent for a tenant to transfer their lease may not be unreasonably withheld. If your lease requires the landlord's consent for subletting but does not specify conditions for granting or denying that consent, the law implies that consent cannot be unreasonably withheld (Cal. Civ. Code § 1995.250). If you believe the landlord is unreasonably withholding consent, you have the burden of proof to show this. You can do this by requesting a written statement from the landlord explaining their reasons for withholding consent. If they fail to provide a reasonable objection in a timely manner, it may support your claim that their consent was unreasonably withheld (Cal. Civ. Code § 1995.260).
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