Legal Question in Landlord & Tenant Law in California

i have a six months lease and my landlord just gave me a 30 day notice just because he wants to move in . we only moved in 2 months ago do i need to pay for this months rent ? can he just brake the contract?


Asked on 1/04/10, 5:53 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

He cannot break the rental agreement, even if he wants to move in. Of course, if he wants to compensate you for your trouble, you are free to consider it.

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Answered on 1/09/10, 6:07 pm
George Shers Law Offices of Georges H. Shers

Attorney Cohen is absolutely correct. But before you actually pay for this month's rent, demand that the landlord agree in writing that he has no right to move in until the end of the six month term. If he will not agree, tell him that you can not pay the rent until he is willing to obey the terms of the lease as you do not know if and when he may try to remove you from the unit.

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Answered on 1/09/10, 6:23 pm

Mr. Shers' advice is VERY bad. You have a right to six months undisturbed occupancy of the premises, IF you pay your rent. If you fail to pay your rent, you play right into your landlord's hands and give him an excuse at least to ask a court to remove you early. The landlord's threat to terminate the lease early does NOT give you the right to breach the lease by not paying rent. Tender your rent in full and on time. Make the landlord try to remove you. He can't do anything without bringing an action for unlawful detainer. He can't remove you without asking for that court order, and then you can counter sue for breach of the implied covenant of quiet enjoyment. But the LAST thing you want to do in this situation is commit your own breach of the lease.

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Answered on 1/09/10, 8:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Tender the rent and do not move without compensation. Contact me directly.

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Answered on 1/12/10, 10:13 am


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