Legal Question in Landlord & Tenant Law in California

Breaking Apt. lease for buying a house

I am currently 8 months into a 16 month lease. I just bought a house which is currently in escrow. My apartment complex claims I have to pay about $3,000.00 to break my lease early, but I heard from a friend that legally they cannont make you pay if you are leaving because you purchased a home. Is this true?


Asked on 9/28/04, 1:48 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Breaking Apt. lease for buying a house

Hopefully, your friend did not go to law school. A lease is a lease, and whatever the terms are is what they are. If the terms say that you can break the lease if you buy a house, then you can. If the landlord sold the house, he could only ask you to move if the lease said he could.

What you can do is sublet (find a replacement). There are other rules involved, too.

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Answered on 9/28/04, 2:08 pm


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