Legal Question in Landlord & Tenant Law in California

Rental Agreement

I am currently in a lease and I must get out due to harrassement and repairs not made to the home. My lease was originally a month-to-month and was turned into a two year lease by the landlord crossing out month-to-month. The landlord did not sign the lease. The lease states the tenancy shall continue on a two year (two year written over month-to-month typed) basis until either party shall terminate the tenancy by giving the other written 30 day notice of intent to terminate tenancy.

At the bottom of the lease there is a box marked other that is checked and hand written states: two year lease over rides month-to-month form.

Can I legally get out of my lease without being finacially responsible for paying the rest of the two years? I have lived in the house for 6 months and my family, neighbors and I have been harrassed by this crazy lady.

Thank you in advance for your help.


Asked on 1/08/08, 2:45 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Rental Agreement

You are welcome, and I appreciate the "thank you" which are few and far between from those on your side of the forum.

Your question, and the facts, are not complex, and one thing stands out. The landlord/landlady did not sign the lease.

If it ends in court, the rule of law is that where there is confusion over the meaning of the parties, the courts will try to piece together what the parties meant. Therefore, the major question is whether you, yourself, signed the lease AFTER it was written over to indicate a two year lease. If so, you have some problem.

However, based on your statement of facts, you have other defenses available to break a lease. If you are harassed, that is a violation of the guaranty of "quiet enjoyment" of the premises. Also, depending on repairs not being made really requires you to have written documentation of letters to the landlady, and depends on the severity of the repairs.

I think this is too complicated for you to handle alone, and suggest strongly that you get legal representation, and need to start with a nasty letter (from an attorney) to your landlady, and let her know that you want out, and giving the reasons.

If you need further help, please feel free to e-mail, or call, my office.

Good luck!

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Answered on 1/11/08, 5:25 pm


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