Legal Question in Landlord & Tenant Law in California
Landlord wants to terminate lease early.
My landlord has sent an email to me stating that he is invoking his right to terminate my lease because of 1 late payment and 1 returned rent check. (Different months.) He has received payment, with penalties included for both of those month's rent. I don't see anywhere in our lease agreement where he can terminate the lease early because of late payments. Can he do this?
3 Answers from Attorneys
Re: Landlord wants to terminate lease early.
If the lease is for a term (e.g. one year), the answer is "no", unless he rejects your payment and files an unlawful detainer. On the other hand, if it's a month-to-month lease, he can give you a 30-day notice.
Re: Landlord wants to terminate lease early.
Under the factual circumstances state thus far, the answer would be no. You should retain legal counsel to review your lease in its entirety and fight on your behalf thereafter.
Re: Landlord wants to terminate lease early.
I agree with both of my colleagues, assuming it is not in the lease.
As Mr. Cohen aptly points out, it is important as to the length of your lease. If it is month-to-month, he doesn't need a reason and can give 30 days notice ( and vice versa, if you want to leave).
If it is a yearly lease, and the year isn't up, he cannot do it.
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