Cooperation Usually the Best Way to Get Out of Lease Early

Cooperation Usually the Best Way to Get Out of Lease Early

07-Sep-1997 Sunday
(Page H-8 )

Robert Griswold | Steven R. Kellman | Ted Smith
This column on issues confronting renters and landlords is written by Certified Property Manager Robert Griswold, host of KSDO Radio's "Real Estate Today!" (Saturdays, 2-3 p.m., AM 1130) and by attorneys Steven R. Kellman, director of the Tenants' Legal Center, and Ted Smith, principal in a law firm representing landlords.

Q: We signed a 12-month lease approximately five months ago. We want to buy a house and leave early. Our lease is silent about early termination, but the property manager has failed to fulfill a certain requirement stated in one of the addendums to our lease by the required date. We can give a 3-month notice so the property manager can find another tenant. Is my security deposit in jeopardy?

A: Griswold: Yes, you could be responsible for up to the balance of the lease unless the failure of the property manager is a significant violation of the lease.

From your question we do not know the nature of the failure to fulfill the lease addendum requirement and/or the significance of the required date.

However, if the property manager and/or owner failed to correct a health and safety deficiency or a violation of the habitability code, such failure would potentially qualify as a violation, allowing you to terminate the lease, as long as you had given adequate notice and allowed the property manager or owner a reasonable time for the repair to be made.

However, it may be construed that the failure to comply with the exact letter of the lease addendum is more a technicality that you want to capitalize on in order to pursue your desire to purchase a home.

If this is the case, I would suggest direct communication with the property manager to make arrangements that will result in your being able to leave early with the minimum financial liability.

Of course, you are financially responsible only until a new tenant begins paying rent, so if you cooperate with the property manager your chances of finding a replacement tenant increase. Good luck!

When a tenant dies

Q: I own a rental home, and recently I had a tenant die who had seven months left on a 12-month lease. Can you tell me what are my rights and responsibilities? Who is responsible for the items in the home, as apparently there are no blood relatives willing to help out?

A: Smith: An authorized representative of the tenant's estate can handle his affairs. Be careful here. It can be a little tricky, because sometimes there is a dispute among heirs.

A court-appointed executor or administrator is the person to whom you release the belongings and settle up the lease. Sometimes there is no will, and a representative of the San Diego County Public Administrator's office will handle the estate. As to the lease, the tenant's estate will owe you the balance of the term. You should try to find a qualified replacement tenant. The rule is different in month-to-month rentals, as the estate owes 30 days rent from the date of death.

If you're a tenant or landlord, the authors stand ready to answer your questions in this column, although letters cannot be answered individually. Write them at: Rental Roundtable, Homes Section, San Diego Union-Tribune, P.O. Box 191, San Diego, CA 92112. Or you may e-mail them at rgriswold@retodayradio.com

Back to 1997 Rental Roundtable Index

Robert Griswold and the Real Estate Today! radio show strongly support the intent and the letter of all federal and state fair housing laws. As a reminder to all owners and managers of real estate, note that all real estate advertised is subject to the Federal Fair Housing Act, which makes it illegal to advertise "any preference, limitation, discrimination because of race, color, national origin or ancestry, religion, sex, physical disability, or familial status, or intention to make any such preference, limitation or discrimination." Additional state and/or local fair housing laws may also apply. Be sure to inform all persons that all dwellings offered or advertised are on an equal opportunity basis.

FHEO Logo

Revised and Updated - Wednesday, April 26, 2006

Robert S. Griswold, CRE, CPM, CCIM, PCAM, GRI, ARM
Griswold Corporate Center
Griswold Real Estate Management, Inc.
5703 Oberlin Drive, Suite 300
San Diego, CA 92121-1743
Phone: (858) 597-6100
Fax: (858) 597-6161
Email: rgriswold.ret@retodayradio.com