Legal Question in Real Estate Law in California

I am attempting to get out of my lease but I have so far not been able to find someone to take my place.

Before we moved in the back garage was redtagged by the city of Santa Cruz. He did some renovation but never had it re inspected or zoned for a living space. He told us that if inspectors were to come we had to roll up the carpet and act as if it is a storage space.

My question is that although I live in the main house, can I use this to get out of my lease? Or could the landlord retaliate?


Asked on 1/19/11, 12:55 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I am a a little unclear as to your question. If you do not live in the illegal rear garage, then you can not use the deficiency of that area to justify not paying rent for the part you live in. In your rental agreement, is the garage area included in the rental space? If it is but makes up only a minority of the property leased, then it being illegal does not go to the heart of the matter to overturn the contract but merely allows you damages in the form of being able to deduce what you are paying for the garage from the total rent.

Santa Cruz has rent control, which often imposes legal duties not found any where else, so call up the rent board and see if their rules cover the situation. But otherwise it is like turning in a test paper in class; do you get an "F" because you put down the wrong date?

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Answered on 1/24/11, 1:57 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I am more concerned that you are asking whether you can blackmail your way out of your lease. "If you don't let me out of my lease, I'll tell the inspectors about your illegal unit!" sounds like blackmail to me.

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Answered on 1/24/11, 6:00 pm


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