Breaking a Lease: Old Tenant Get the Benefit from a New Lease to Another Lessee at a Higher Rent

mardi 27 janvier 2015

My question involves landlord-tenant law in the State of: California.



I'm not sophisticated in the laws, but my sister who owns a business condo asked an intriguing question. For three years she has been renting out her business condo for $2,000 per month. In the past six months the person renting it has fallen behind $1250/month in her rent so $1,240 x 6 months is owed. Her lease runs out in four months and the woman asked my sister to find another tenant.



My sister did!! She found a new tenant for a whopping $3,000 per month. My sister's husband thinks that she will owe or have to credit the existing tenant $1,000 per month because his lease was to expire in June. What a mess !



Doesn't seem fair that tenant #1 wants out of his lease, is behind in her rent (but promises to eventually pay), and my sister signs a new lease at a higher rent and tenant #1 gets a benefit.



My sister didn't evict tenant #1 because she was pleasant and made a variety of excuses and she didn't think she'd find another tenant so "some money was better than no money".



Should she get the existing tenant to sign a statement that he wants his lease terminated four months early? Is it true that with a new tenant and new lease the tenant asking to leave gets a four month benefit of a the new tenant's lease?





Breaking a Lease: Old Tenant Get the Benefit from a New Lease to Another Lessee at a Higher Rent

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