Legal Question in Landlord & Tenant Law in California

Breaking a Lease

On May 25, 2007 I signed a 12 month lease. I want to move out by March 1, 2008, which would require breaking my lease. The landlord will not allow me to do so. I would only have 2 months and 25 days left on the lease. Is it legal for the landlord to state that the tenant is responsible for taking care of pests and rodents, even though California Civil Code 1941.1 states that it is the Lessors responsibilty? I do not have any problems, but in the lease I signed it states that I am to be responsible. Would this be breach of contract or void the contract If the lessor is supposed to be responsible?


Asked on 1/26/08, 4:19 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Breaking a Lease

Good question, in fact, excellent question.

Normally the contract prevails. However, you cannot contract away rights covered by Civil Codes.

I would negotiate with landlord, perhaps split the remaining 2 months and 25 days down the middle, and keep everyone happy without excessive legal fees.

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Answered on 1/27/08, 4:32 pm


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