We signed a short term rental agreement (4 months) on 3/11 for a furnished apartment in West Hollywood LA. We paid the first month rent & security deposit. Upon signing the lease we asked the landlord if there would be any flexibility to break the lease if needed, given the uncertainty around COVID. She said if it came to that we would work something out. We moved in 3/15 & on 3/20 notified the landlord that we needed to return to NY as my partner has to close his business. He wont have an income so we can't afford the additional rent in LA, given we have the cost of a primary residence in NY. I advised my job of the same & they are allowing me to work from NY & may keep me in NY permanently post the work from home order. Given the circumstances, we have asked our landlord to break the lease & in return we will pay her for 2 weeks rent & a cleaning fee. We want the remaining funds for the first month rent & security deposit back. She already listed the property on 3/20 & we moved out on 3/21 & returned to NY. She will not commit to giving us the money back bc she said she has to pay commission & won't be able to rent it. What are our rights given COVID & our financial situation.
Sorry to hear that you are going through this. The new laws enacted as a result of COVID-19 only delay rent, they do not forgive rent. That means that while tenants might not have to pay rent for a certain period of time, they will be obligated to pay back those rents within 6 months at a later date. In this case, you have a written lease, and you breached it. The landlord does not have to let you out of the 4-month payment duration unless they want you, and the money would only be delayed in payment, not forgiven should the landlord choose to file a lawsuit. Good luck to you both.
