Legal Question in Landlord & Tenant Law in California

Hi, I have a rental unit in Aliso Viejo, CA. My tenants signed a 3 year lease and been living at the rental for about a year. They are denying me access for a routine inspection and I am not comfortable with that. If I break the lease and give them a 2 months notice to move out, would I have to pay a penalty? By law am I allowed to do that? On our lease agreement there is no mention of what happens if the landlord breaks the lease, there is only mention of if the tenants break the lease there is a penalty. What are my right as a landlord? Thank you for your help!


Asked on 4/12/16, 11:08 am

1 Answer from Attorneys

If you give them two months to move out, or any less time than the end of the lease, they can legally just ignore you. You have no legal right to require them to move out before the end of the lease unless they are in material breach of the lease. If you then tried to take legal action to move them out, they could counter-sue you for abuse of process and wrongful eviction. If you try to force them out by means other than legal action they can sue you for harassment, constructive eviction and recover actual and possibly punitive damages. You have no legal right of access for inspections unless the lease says you do. If you left that out of the lease, you are stuck with it until the end of the lease.

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Answered on 4/13/16, 11:15 am


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