Legal Question in Landlord & Tenant Law in California

Lease termination penalty and concession

I moved into an apt 1.5 months ago and signed a 1 year lease. The apt is so noisey that I want to move. I have informed the management about the noise, along with some of the neighbors making the noise. The management offered to move me into another apt but I just want to leave. My lease states that it can be terminated by giving a 30 day notice and paying a penalty of 1 month rent. However, the management says I also need to pay back the concessions I got when I moved in. This is nowhere on the lease but management says it is on the termination letter they will have me sign. Is it legal to force me to pay the concession back if it is not stated in the termination policy on the lease I signed? Thank you.


Asked on 10/02/07, 5:56 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Lease termination penalty and concession

I cannot answer, based on your facts.

What concessions?

Don't sign anything without having an attorney look at it. The general rule of contracts (a lease is a contract) is that any amendment to the contract must be in writing.

Therefore, in general, you should sign nothing.

Also, you may be dealing with a "constructive" eviction, and legally be able to break the lease with no damages.

You need to retain an attorney to review the lease, and write a letter to landlord, concerning your wishing to break the lease because of violating your "quiet enjoyment" of the premises.

Please feel free to e-mail, or call, my office if you need more.

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Answered on 10/02/07, 10:12 pm


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