Official violations of rental agreements in California should be sent by mail and registered letter to tenants to ensure there is no excuse for them not to arrive. The lessor must also keep a copy of the notice of violation of the tenancy and note the item number on the copy sent from the tenant. California landlords and attorneys who handle real estate lawsuits regarding defaulting tenants need to find out what a tenant owes as a result of the rent violation suffered by the tenant. California law provides that the landlord (1) may recover the unpaid rent up to the date of termination (i.e. the past rent already due), plus (2) any difference between the rent due minus a new tenant`s rent (if that rent is lower) (i.e. when the original lease was $10,000 per month, but the new market rent is only $8,000). You can re-rent the property for the $8000 and the difference [$2,000] of the former tenant). You can recover this difference for the rest of the initial rental period. If you want to have fun, it can be a cry to want the owner you are leaving. You can do this by creating a tenants` association in the building and advising other tenants on their rights. Since most bad landlords hide behind house management companies, fictitious business names and anything, revealing the real owner can be effective, including their image, home, house and a map of how to get there, for tenants who want to talk directly or provide legal papers. Suing the landlord in small claims court is another reason why the landlord prefers to let you go.
Calling building and health inspectors, to cite the property, can result in high fines and construction costs for the owner because you are still there. The landlord who refused to let you go may even pay you to leave because you cost them too much. Write to your landlord about the offence. In particular, if you still reside in the rental unit, the conversation with your landlord before the trial can resolve the issue more quickly. Also, by contacting the owner in writing, you create a written record of the problem. Send the letter by registered letter, return requested. Breaking a lease has a number of consequences. This implies that it is the ideal way to legally breach a lease without consequences.
Some landlords prefer this route rather than taking their tenants to court. The lawsuit can be costly for owners, tedious and extremely frustrating. If the lease itself contains a provision for attorneys` fees, California law allows the winning party to recover the attorney`s fees. This is usually the landlord in a breach of the lease. Our California notice of healing or termination is a serious document that is required in a basic release. Feel free to let your respective tenant know if they break their lease, as small problems can escalate into wholesale if you don`t take care of them early enough. Finally, you can add proof of service on the date of signature of the document and the number of witnesses who sign the violation to the announcement of the rental agreement. But this is not always the case.
Not all tenants who breach their lease in California have to pay the rest of the rent due under the lease. It depends on the legal justification or not the reason for the termination of the lease. In such cases, despite your best intentions to stay for the duration of the tenancy, you may have to break your lease prematurely. . . .