Legal Question in Landlord & Tenant Law in California

Landlord requesting breaking lease

I am into my second 12month lease at this property. This is September, my lease is until 01/01/06. My landlords are divorcing and she has asked me to move in 30 days. I understand if I break the lease I am responsible for the remaining months potentially. Does this go both ways, what are my rights here? this is an absolutely terrible time to move financially due to my current disability. Moving would require a financial hardship. What are my rights? I have read my lease through and through and can find nothing that states they can do this. Thank you.


Asked on 9/28/05, 6:58 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Landlord requesting breaking lease

Legally, they do not currently have any right to force you move if you are making your rent payments on time. You are entitled to stay until the end of the lease so long as you do not default on the lease. You are free to negotiate with them to cover the costs of your move in exchange for terminating the lease early.

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Answered on 9/28/05, 7:03 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Landlord requesting breaking lease

from the facts given, you do NOT have to move, nor be legally forced to move. a lease is an enforceable contract, and absent any relevant provision therein, a divorce or a property sale/transfer, would NOT legally effect or change your rights as a tenant. the lease agreement was in full effect PRIOR to the pending divorce at issue here, and thus your lease is legally deemed enforceable regardless of any transfer of property ownership, etc.. Thus, you do NOT have to move, and any unlawful detainer suits against you would be decided in your favor, based on contract law, absent any ACTUAL contract provisions stating otherwise or you are in breach of any of your terms of tenancy. if you like further assistance or direction here, contact our Law Office today, and we can help you resolve this issue to give you legal peace of mind. another option here would be if you are "willing" to move, then you could agree to do so, not legally forced, on the CONDITION the landlord at issue AGREES to FULLY compensate you accordingly for such a move.

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Answered on 9/28/05, 8:06 pm


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