Legal Question in Landlord & Tenant Law in California
Currently renting a propery with a lease that does not expire until June 2011. My wife is divorcing me, and temporaty orders issued by the court have given my wife exclusive rights to a property we are renting. Can I break the lease on the grounds of the court order and get my depoist back if she assumes the lease?
1 Answer from Attorneys
Only if the landlord consents. As with debts and everything else involving contracts and creditors, your divorce orders do not affect third parties or your relationship with or obligations to them (the exceptions being wage assignment orders and QDROs to pension and retirement plans). So as between you and the landlord nothing has changed and the landlord has full rights to hold you to the lease until it is up, unless the landlord is willing to accept termination of the current lease in exchange for your ex2B signing a new lease.
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