Legal Question in Landlord & Tenant Law in California

Penalty on early lease notice? Is this acceptable?

We are on H1B Visa's and changed employment. Immigration has denied the change of visa with our current employer (basically feels the current employer was untruthful about certain things in the application). We are now going to appeal but has to leave the country while we are doing that. We have 30 days to leave. We are in a 1 year lease contract of which we have 4 months left. The contract states that if the lessee terminates lease earlier you pay a penalty subject to one months rent. We are not terminating because we want to but because we are forced to by immigration. Obviously we do not have that kind of money as we now suddenly have to buy airtickets. We do want to come back once our appeal has been successful and wouldn't want a bad credit record which is outstanding. Can they really force us to pay that penalty if it is a ''government decision''. What can we do? PLEASE HELP URGENTLY, we MUST give notice today- 30 days as required by our contract.


Asked on 10/01/07, 4:29 pm

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

Re: Penalty on early lease notice? Is this acceptable?

Unfortunately, the lease controls, with no excuses.

Government decision means nothing. Don't forget this runs two ways. If landlord has to break the lease (for instance, a fire) he would have to refund your deposit and you would move.

Sorry!

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Answered on 10/02/07, 10:50 am


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