Legal Question in Landlord & Tenant Law in California

renting

My wife has just given birth and we are in a lease that end on 7/30/2008. She has back problems and has being visiting multiple doctors. We live on the 3rd floor of the apt & she carries the baby while she takes care of normal house chores. Shes in & out of the home about 3 to 5 times daily. The long walking and heavylifting has been making her situation worse. The doctor then advised us to relocate closer to her parents so her mother can help her raise the baby & help her get back to health. In the lease contract & doesnt list anything about breaking the lease to health issues. She almost fell once because of her back and carrying the baby. If she would have fell with the newborn in her hand I would have been devistated. They wont let me out of the lease unless I pay two months of payment. Is there any laws against letting us leave with penalty especially when living here is a hazard to her & my childs health? My wife was also put on disability because of the back problems. The California civil codes have something about it. If it takes away her enjoyment of the premise. Please help.


Asked on 1/08/08, 1:52 pm

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

Re: renting

I wish I could help you, but I cannot.

If the situation were reversed, and the landlord needed extra money, he couldn't raise the rent $500.

I do not know where in the Civil Codes you have been looking, because in my experience, there is no such help.

Your only possible way out is to try to explain to the landlord what you have explained to me, and hope that you can negotiate your way out of the lease. In other situations, I have seen landlords permit the tenant to move, attempt to re-rent, and then charged tenant only for the amount of days vacant.

Otherwise, if you just vacate, you'll end up with a default judgment, and many years of heartache with your credit.

Good luck!

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Answered on 1/11/08, 1:56 pm


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