Legal Question in Landlord & Tenant Law in California

I am a student in the university of california, and i recently signed a lease contract for an apartment, but now i just been informed i am not getting financial aid anymore, so there is no way i could pay for school because i do not qualify for any private loans, so therefor i will not be attending UCR no more. I need to cancel my lease but they will not let me cancel it not even for a fee because the contract states that. there is no way i could afford paying the apartment anymore is there anything i could do?


Asked on 9/08/09, 10:08 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If you were under the age of 18 when you signed, you are not bound by the contract. I assume you have no assets and are not likely to have any in the near future. Did you tel the leasing agent that you wre entering into the contract based upon your anticipation of getting financial aid but could not afford it if you did not? Then you would have a weak argument that the contract was subject to a condition subsequent --getting the aid-- and since that did not happen the contract terms have not been fulfilled.

If the management company will not speak reasonably with you, call the owner and point out what happened, apologilze, an dpoint out to him that there is nothing you can do to get the money to pay him and gettilng a judgment against you is a waste of his time and his money, so would he please let you out of the lease. He probably will say no and if he gets a judgment it will effect your credit worthness. See if he is willing to agree to a stipulated judgment that will not be filed, no court suit will be filed, and in 5 years you will come in to see him to determine if you now have any assets to pay him something.

Read more
Answered on 9/09/09, 12:01 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California