Legal Question in Business Law in California

breaking up the lease

i have a lease will end in next april and the landlord has 3 months deposite for $16500 what happens if i don't pay the rent for the next 3 months? how long it takes to go to the court and have a court decision?


Asked on 10/15/07, 12:15 am

2 Answers from Attorneys
Brian Corber Brian Lee Corber, Attorney at Law

Re: breaking up the lease

Landlord will likely file an unlawful detainer action which can have a trial set within 30 days of a request for trial setting as the case gets priority on the court's calendar.

You should contact an attorney directly to represent you.

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Answered on 10/15/07, 12:23 am
Edward Hoffman Law Offices of Edward A. Hoffman

Re: breaking up the lease

The landlord will be able to start eviction proceedings within days after your first missed payment. The case will likely be over in about a month and, assuming he wins, you will have to leave right away even though the term of your lease will not have expired.

You are not entitled to stop paying rent when the amount remaining on your lesase becomes less than the amount you have on deposit. The deposit is protection for the landlord in case you damage the premises or otherwise breach your contract; it is not a tool for you to use in order to save money as the end of your lease draws near.

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Answered on 10/15/07, 6:41 pm


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