If an apartment is available, does the landlord have to rent it to me?

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If an apartment is available, does the landlord have to rent it to me?

I am moving out and do not want to pay a lease termination fee. So I found a replacement that has already been deemed elidgeable by the management. My lease states that I can pay rent until the apartment is re-rented. If this person comes to management and says I know apartment 1 is coming available on the 31st (because I told her that is when I am moving out) I want that apartment. Are they legally allowed to tell her no she cant have that or are there other “things” they can do to make me pay rent longer.

Asked on April 18, 2012 under Real Estate Law, California

Answers:

Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 9 years ago | Contributor

The apartment is not obligated to lease the new apartment unless the current lease gives the tenant the right or the apartment otherwise agreed to do so.


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