Legal Question in Landlord & Tenant Law in California
breech of lease
My family and I signed a 4 yr. lease w/ a 5th yr. option. Now the owner wants her house back and is breeching the lease. She wants us to move and doesn't want to compensate us for anything. Doesn't she have to pay us for breeching the lease for the duration of the lease? We still would have 3 more years according to the lease with an option to stay on the 5th yr. Can she do this with no conquences?
1 Answer from Attorneys
Re: breech of lease
If you are in the middle of the lease term and the owner (aka landlord, if this is a lease) wants to terminate the lease and evict you (for whatever reason), then unless there is a legally valid reason to terminate the lease, the landlord would be breaching the lease. You simply continue to pay rent. If the landlord wants to regain possession, the landlord must evict you. In such a case, your defense is that you are entitled to possession per the lease. Make sure you continue to pay the rent timely, even if she refuses it.
Good luck.
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