No easy-release mechanism in a lease
Question: I just signed a one-year lease but changed my mind the next day. I let the manager know right away, but he insisted I owed for the entire lease. Am I still obligated for the whole year?
Answer: Keep in mind that a lease isn’t just a piece of paper. It’s a legally binding contract between two parties, in this case landlord and tenant. To break that contract, both parties have to agree, and this is where it gets tricky. Most landlords will keep you on the hook until a suitable replacement is found to release you from the rental contract.
Are you obligated for an entire year? That depends on where you live. But courts have held that the landlord has to make a good-faith effort to re-rent the place as soon as possible. Note that advertising costs may also be deducted from your deposit. If you feel an unfair amount was withheld, consult a mediator or attorney for details.
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Month-to-month: a better choice?
Question: I’m thinking of only signing a six-month rental agreement because my plans may change. Should I have chosen a month-to-month rental?
Answer: That depends on your life and lifestyle. Each type of rental agreement has pros and cons.
For a month-to-month agreement, the pros include having flexibility to pack and move at a month’s notice. If your job is subject to change, or your finances may change soon, signing on for a long commitment may not be the best plan.
On the minus side, monthly agreements give the landlord monthly options to change the terms of your living situation, including raising the rent (although length of notice varies) or giving notice that your assigned parking spot has been eliminated from the deal.
As for fixed-term leases, the longer the rental agreement, the longer you are guaranteed to pay the same rental amount at the same terms. Leases also spell out details such as parking, utilities and laundry privileges. Folks with dogs or other pets should seriously consider a longer-term lease, because once a written lease is negotiated allowing a pet, the pet may remain, even if the place is sold.
In a volatile market, some tenants like to know the rent and terms will be fixed. But flexibility in packing up and moving to another place is limited and financial and credit consequences could follow you if you break a lease.
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No 3-day right to cancel in this case
Question: Don’t renters have a three-day right to cancel a contract or lease?
Answer: Known as statutory contract cancellation rights, the right to cancel does not apply to leases. The only possible exception is if the unit was uninhabitable or illegal for rental purposes. Check www.dca.ca.gov for details.
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18 is the magic age to rent by yourself
Question: I’m almost 18 and ready to move out, but when I found a place, the landlord refused to rent to me because I’m still a minor. Is that fair?
Answer: Actually, yes. Unless you are a legally emancipated minor, you are not considered legally responsible for your agreements, including a rental agreement, until you reach age 18. Until then, binding contracts, such as a lease or rental agreement, are unenforceable. By allowing you to move in, the landlord would have no ability to legally enforce the lease, including if rent went unpaid.
Until age 18, you have two choices if you want to move. Become emancipated through the court or get an adult to co-sign for you as the responsible party on the lease.
Otherwise, wait until you turn 18 and then go apartment hunting.
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When time’s up, send a reminder
Question: What happens when a lease expires?
Answer: Time to read the fine print. Most fixed-term leases have some language concerning expiration of term, generally becoming a month-to-month arrangement. Never just move at the end of a lease and assume the landlord will know. Give a call, plus written notice, 30 days before, just in case.
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