Legal Question in Real Estate Law in California

breach of rental contract

I have a one year lease that terminates 10/15/2008. The landlord is now 90 days past due on his mortgage. He has not paid the HOA dues stipulated in our lease agreement. As a result I can not use the pool and tennis facilities and these were important in my decision to lease. He is also over $8,000 past due on property taxes. There are frequent strangers stopping in front of our home, taking notes and photos. I believe that this is a violation of my right to quiet enjoyment. His non payment of the mortgage is leading to foreclosure and is causing us great distress wondering when we we be notified by the bank to vacate. We have found a suitable rental and wish to move immediately. The landlord is guilty of rent skimming, has broken terms of the lease by not paying HOA and breached our right to quiet enjoyment of our lease.

How can we mitigate the lease immediately without financial recourse? We sent a certified letter to the LL stating we are moving at the end of the month and have not paid the current month's rent asking that he use the security deposit. as we have good reason to believe we will never see the refund of the deposit given his financials. The LL has just posted a 3 day pay or quit notice. What are my rights?


Asked on 7/10/08, 7:24 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: breach of rental contract

If you do not pay or quit within the 3 days, the landlord may sue you in unlawful detainer court. The outcome is unpredictable. If you move out before trial, an unlawful detainer judgment cannot, legally, be entered against you. You will have approximately 3 weeks between the time you are served the summons and the time the case is set for trial (if you file the proper paperwork with the court). So, you should have until the end of the month to move out as you planned.

Also note the the mere fact of filing an unlawful detainer can go on your credit report, even if you win the case. So you might want to consider this before you decide to not pay your rent.

You should hire an attorney if an unlawful detainer action is filed against you.

Read more
Answered on 7/10/08, 5:24 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California