Can a Landlord still charge early termination fee if a replacement tenant has been found [CA]
Can a lord still charge an early termination fee to a tenant that is looking to leave early even if a replacement tenant has been found for no gap in rental payments. I am not what the specific language regarding early termination fee is.  
This is in Southern California for smaller industrial space.

I am a prospective tenant that would rather rent from the original landlord than sublet a current tenant of a space for various reasons, (time frame, liability) 

&amp;#x200B;

Thoughts?
[{"id": "f8cgma8", "text": "write it into your lease. They have to accept the replacement and figure out deposits etc with them.", "replies": [], "depth": 1}, {"id": "f8ch3wn", "text": "absolutely yes.  the landlords circumstances have absolutely zero to do with your agreement with him", "replies": [{"id": "f8ch8o0", "text": "I see, I thought there was an angle where the landlord couldn't collect fees if they had no financial loss. But wasn't sure. Thanks for the feedback.", "replies": [{"id": "f8cj6yr", "text": "the only way to protect yourself for early termination is to have a good guy guarantee clause or something similar whereby as long as you give proper notice, and leave the place in same or satisfactory condition, and as long as this is all obviously pre agreed to, then it may work.  where you wouldn't be liable for remainder of lease.  this has to be prewritten.  \nthe landlord 9 times out of 10 wont give two shits that he has another tenant in the space if he can still get $ from you.", "replies": [], "depth": 3}, {"id": "f8ddtou", "text": "I've heard the same thing as you, and my experience during a lawsuit suggests the same thing. The only other consideration is that they might have other financial damages. E.g., if they use a property manager, they usually charge a fee for finding a new tenant. They might have to repaint or do other repairs that they wouldn't have had to do so soon.", "replies": [], "depth": 3}, {"id": "f9pb5rn", "text": "Did you end up paying the termination fee? I\u2019m in a similar situation.", "replies": [], "depth": 3}], "depth": 2}, {"id": "f8dceci", "text": "&gt;absolutely yes.  the landlords circumstances have absolutely zero to do with your agreement with him\n\nI can't speak to CA law but that's not usually the case.  LL's in every state I'm aware of have a duty to mitigate damages (in other words, if someone is willing to pay the rent, they have no damages).\n\nHe could still charge for costs related to finding that new tenant, in some cases, but in this case that doesn't seem to be relevant anyway.\n\n/not your atty, not a CA attorney", "replies": [{"id": "f8dks3u", "text": "This is correct. Damages were mitigated", "replies": [], "depth": 3}, {"id": "f8dvgvl", "text": "Isn't that for residential leases, though? It's my understanding that commercial leases are a completely different animal.", "replies": [{"id": "f8e10zd", "text": "There is still a duty to mitigate in commercial leases in most states.  That being said, you can bargain it away, so many leases say that landlord does not have this obligation.  (I'm a commercial real estate lawyer).", "replies": [{"id": "f8mdm4j", "text": "And, my bad, I didn't notice the last few words there - I was thinking residential.  It is as you say, in general, in which case we really couldn't answer it without reviewing the specifics.", "replies": [], "depth": 5}], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "f8ckh7o", "text": "The fee is for the work to re rent it. He cant double dip on rents, but he can charge for his time having to do it.", "replies": [], "depth": 1}, {"id": "f8co671", "text": "I'd charge it if the credit worthiness of the replacement wasnt as good as the original", "replies": [{"id": "f8cu950", "text": "This, OP. It\u2019s not just about the new tenant covering the rent, but how creditworthy they are as a business. A Commercial property\u2019s value can take a huge dip if a 10 year Chipotle lease is replaced with a \u201cbob\u2019s local tacos\u201d, regardless if they pay the same rent.", "replies": [{"id": "f8cvfwz", "text": "Yeah exactly. If you\u2019re the one who is gonna find a replacement, it\u2019s probably a local company that is gonna be the replacement", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "f8cqaxx", "text": "Typically the only way a landlord will tear up a lease is if the new tenant has better financials and can reasonably demonstrate a decent amount of time in their industry.", "replies": [], "depth": 1}, {"id": "f8de7of", "text": "The difference is the lease break fee vs collecting double rent- the latter I think used to be a bigger issue in the past, all newer leases I\u2019ve seen have a standard fee built in", "replies": [], "depth": 1}, {"id": "f8doezo", "text": "This isn't residential. There aren't commercial tenant protection laws with limits on security deposits and fees. The landlord can do whatever it says in the lease.  If there is an early termination fee in the lease, it can be charged.  The landlord could be persuaded to drop the fee if you can convince them that the replacement tenant is better for them. It could be anything that increases the amount of their future cash flows or improves the likelihood that they will receive them.", "replies": [], "depth": 1}]