Legal Question in Landlord & Tenant Law in California
I have a settlement agreement with the landlord 5 years ago.
Three weeks ago,my place had a water leak from the ceiling and damage my place really bad.The management co.sent a restoration co took care it and had a report of estimate to fix the damage.
A weeks ago , the landlord come up telling me it is too costly to fix and maintain the building .
They are going to sent me a 30 day notice instead of fix the damage.I asked for the reason , they said
on the agreement, I am on month to month lease,they can do by law.
But what I understand the agreement said is:
Agency intends to transfer the Property pursuant to the Land Assembly Agreement dated April 18,2006.The parties acknowledge that Tenant has a month-to-month lease until the future owner is ready to redevelop and provides notice as required by law.
My question is when I asked the landlord is it ready to redevelop ,they said ,No. The reason want me to get out because of too costly to fix the damage.
Do you think they breach the agreement?
1 Answer from Attorneys
is the Agency the owner or is a private individual the owner? If the landlord is closing the house down because it is too badly damaged for someone to live there and too costly too operate as a rental, then that is an intervening event that should allow for the termination of the tenancy in spite of the agreement. So under the circumstances there appears not to be a breach.
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