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


Asked on 7/17/06, 4:06 am

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 7/17/06, 4:09 am
Randy Schlosser Law Office of RM Schlosser

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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Answered on 7/18/06, 6:22 pm


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