How to Terminate Your Lease at Grandmark, Highlander at North Campus, UV Towers, and the Palms at UC Riverside
As the official, volunteer attorneys answering landlord tenant legal issues for the Associated Students of UC Riverside Legal Clinic, we have been inundated with questions from UCR students who signed leases near the UCR campus where no classes are being held in Fall 2020 due to the Coronavirus pandemic. We have numerous strategies to provide to these students during this unusual, global event.
First, this post is primarily directed at students who signed their lease prior to the State of Emergency that was declared nationally on March 13, 2020. Those who signed their leases after this date will have a more difficult time alleging that the pandemic is an unforeseen circumstance.
1) Offer the Landlord a Lump Sum for Termination
The most common technique to terminate a lease is to offer the landlord a lump sum of money in exchange for termination. Commonly, this involves the rental deposit plus two or perhaps more months of rent. This allows the landlord to re-let the property to hopefully mitigate their damages or even double collect if they can find a new tenant in a short period of time. However, this seems doubtful right now.
We have a letter online that you can use to draft your request for lease termination.
2) Don’t Pay Your Rent
Another common strategy is to not pay the rent that you believe should be paid given the frustration of purpose resulting from the Coronavirus pandemic. Often times, creditors who understand that the debtor/tenant knows their rights and is not afraid to withhold payment will offer a better deal.
The downsizes are that the landlord may try to ding your credit report. They may also try to obtain a civil money judgment against you. However, landlords are probably hesitant to file a civil suit given the obvious defenses that may be raised as well as the public relations issues related to suing students under these circumstances.
The bottom line is that you should not pay a creditor if you don’t have the money. You you may want to prioritize your basic living expenses first.
Note that landlords are prohibited from filing an unlawful detainer right now due to the emergency Rules or Court in California. This means they cannot change your locks or otherwise kick you out until the Rules of Court are changed.
3) Turnover the Keys
If you’re not coming back, it may be wise to turnover the keys. This creates a defense that the landlord must take reasonable steps to mitigate their damages. This defense may make the landlord hesitant to file suit given the expense of this defense.
With regard to Grandmark, Highlander at North Campus, UV Towers, and the Palms, students are welcome to try these strategies to obtain a better result than paying the full rate for a room they don’t need.