Legal Question in Landlord & Tenant Law in California
As landlord, can I break the lease
I leased out my home in Dec. 2005, a 1-year lease. I bought another home. I have become ill, and can no longer work fulltime, so I must sell my new home. I will need to move back into the leased home. I may need to do this in October 2006. If given enough notice, can I break the lease? I live in Los Angeles. Thanks
2 Answers from Attorneys
Re: As landlord, can I break the lease
Legally, no. But if you can explain it all to the tenants at your earliest convenience, maybe they'll agree to move on reasonable notice or additional payment of relocation expenses.
Re: As landlord, can I break the lease
Generally, you cannot break a lease based on the situation you have described. A lease for term gives a tenant the right to possess that premises until the lease expires. This is why I generally advise landlords to only enter into month to month tenancies, since a tenant will break a lease and most landlords will not sue over the breach; however a landlord cannot get the tenant out in a long term lease. You may wish to tell the tenant your situation and see if they will voluntarily break the lease. Otherwise, consult an attorney who can review your lease and complete facts of the case.
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