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What is a standard and reasonable early lease termination penalty?

What is a standard and reasonable early lease termination penalty?

Q: Can you remove someone from a lease without breaking it?

Yes, you can remove someone from a lease without breaking it, but it requires the landlord's consent. Both tenants must agree to the change, and the landlord may require the remaining tenant to qualify for the lease on their own. Any changes should be documented in writing to protect all parties involved.

Q: How do you get your ex off your lease?

To get your ex off your lease, you must communicate with your landlord to request a lease amendment. Both you and your ex need to agree to this change. If the landlord approves, ensure the amendment is documented in writing. If your landlord refuses, you may need to negotiate a lease termination or explore other legal options.

Full question:

Our tenants have requested to be excused from their 1 year lease after 3 months. There were problems at the complex that they did not advise us of until they notified us of their wish to leave. They want to move as soon as possible even if that means paying a penalty. It took us several months to find good tenants and I believe it will take some time to find new ones. I don't think they understand how much work that is. We will also need time to do touch-ups, run credit checks, and meet with tenants they've pre-screened. My husband and I both work full time so as you can imagine.... <br /><br /> What is a standard/reasonable early lease termination penalty for a $1450/month unit? What is a reasonable overall expectation on our parts? We don't want to be difficult but it is a hardship for us in time and money.

Category: Landlord Tenant
Date: 04/07/2025
State: California

Answer:

This all depends on the provisions of the lease and the regulations in California. Generally, if the termination is without just cause (is not for a reason that the law allows the tenants to terminate), the tenants are responsible for the full 1 year rent. You can settle with them for whatever amount up to that amount as a lease termination fee. In other words, if they are still obligated under the lease, they still have to pay as agreed. If they are legally terminating due to problems with the lease premises that allows them to terminate then they do not have to pay to terminate. There are many laws in California that deal with tenants so we cannot address the specific issue for your case. The lease could assist you answer your questions.

As a practical matter, you might just talk to them and see what both of you can agree is reasonable under the circumstances. Whatever agreement your make with them, I would suggest reducing it to writing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I remove someone from a lease after a breakup?

To remove someone from a lease after a breakup, both parties must agree to the change. You can request a lease amendment from your landlord, who may require the remaining tenant to qualify for the lease independently. If the landlord agrees, ensure the amendment is documented in writing. If one party does not agree, you may need to negotiate a lease termination or seek legal advice for options available under California law.

What does one year lease required mean?

A one-year lease required means that the tenant agrees to rent the property for a full year. This type of lease typically includes terms regarding rent, maintenance, and responsibilities. Breaking the lease early can result in penalties, unless both parties agree to terminate it or there are legal grounds for doing so. Always review the lease for specific terms.

How do you get your name off a lease after a breakup?

To get your name off a lease after a breakup, you need the landlord's approval. Both parties should discuss the situation with the landlord, who may allow a lease transfer or amendment. If the landlord agrees, ensure that the change is documented in writing. If the landlord refuses, you may need to negotiate a lease termination or seek legal options.

Can you remove someone from a lease without breaking it?

How do you get your ex off your lease?

What happens if you break up with someone you share a lease with?

If you break up with someone you share a lease with, both parties remain responsible for the lease terms unless the landlord agrees to remove one party. You can negotiate with your landlord for a lease amendment or termination. It’s important to communicate openly and document any agreements in writing to avoid future disputes.