Legal Question in Landlord & Tenant Law in California
Landlord terminated my lease
I've recently emailed my future landlord inquiring about ways to cancel a lease: ''I have already signed a lease for the 2007-2008 year. However, due to my new employment arrangement, I will not be staying in Davis anymore; hence, I was wondering if there is anyway I can terminate my lease. Please let me know. Thanks.''
Then they replied: ''We're sorry you will not be staying with us but we do need for you to come in and sign a Lease Cancellation Authorization form. We are here from 9:30 am to 5:30 pm.''
I've decided to stick with the lease and didn't sign any paperwork. Then I called today asking them about the moving in date. And they told me that they thought I cancelled my lease and rented my apartment to someone else.
They said that they based the inquiry I sent them through their online contact page, that I was terminating my lease. But they gave me instructions that in order to terminate, I'll have to go in and sign paperwork. I didn't do any paperwork or further contacted them regarding my lease termination. Can they just terminate my lease like that? Or did they breach the contract? I wouldn't even know that my lease was terminated if I had not called in asking about the move-in date. What can I do? Thanks.
1 Answer from Attorneys
Re: Landlord terminated my lease
It would be important to see the lease, and go over any provisions regarding early cancellation. A lease is a contract, and early cancellation is frequently covered in a provision.
It sounds as if they were prepared to let you opt out.
I really can't answer, without looking at provisions of the lease, but it appears that you need to be able to reach an agreement, or your living quarters are about to become very crowded.
If you can't reach an agreement quickly, and it should be written and signed, you need an attorney to write a letter to landlord, because you and landlord are on a direct path to Small Claims Court.
E-mail, or call, if you need more.
Good luck!
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