Legal Question in Landlord & Tenant Law in California

Breaking a lease before move-in

I just signed a lease 2 days ago to move in 6 days later. It is a condo and I told that owner that I run a business from home that will require deliveries. He did not mention that it is against the ccr's to have a home business that will require deliveries and I was informed by a neighbor that I will get turned in . Is that grounds for breaking the lease without the owner being able to keep any part of my deposit and does he have to let me break the lease since he knew or should have known and said nothing.


Asked on 9/17/05, 4:27 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Breaking a lease before move-in

As far as "running a business," the CC&Rs cannot restrict an owner from carrying on a home-based business or working from home. They can restrict certain kinds of commercial businesses. For instance, you can't repair cars, or open a Subway. The purpose is to protect the quiet enjoyment of the common interest development. Depending on the type of "deliveries" you have, and how frequent they are, you may have to give up working at home. Good Luck.

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Answered on 9/19/05, 11:32 am


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