Legal Question in Landlord & Tenant Law in California

Lease Agreement - Breach of Contract

I recently gave notice of intent to vacate a property prior to expiration. Per the agreement, I am liable for the cost of re-leasing and rent until re-leased. I surrendered keys when I was told a prospect was moving in. Apparnetly the deal fell through but they refuse to return the keys to me. I can not show the property and I don't believe they are either. It appears that the owner is remodeling. Are they in breach by not allowing me to have access to a property that I continue to pay rent and utilities for?


Asked on 6/12/09, 4:02 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Lease Agreement - Breach of Contract

I would have to see the lease to know for sure, but the refusal to allow you to show the property to obtain a subleasee (and perhaps even the landlord's first advising that a prospect "was moving in") may very well terminate the contract (so that neither of you are in breach, but you are relieved from any duty to pay further rent). Take the contract to a landlord/tenant attorney to review and get a written opinion on it. Also, you might try to get some evidence of the remodeling in progress if you can easily do so without trespassing or breaching the peace.

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Answered on 6/12/09, 8:16 pm


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