Legal Question in Real Estate Law in California

Can I break my lease without penalties if our landlord says our contract is void because I changed my name after marriage? (Name on lease is maiden name, and now is legally changed to my married name)


Asked on 9/01/15, 10:48 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your landlord is wrong; changing your name doesn't void contracts signed with the prior name. Therefore, "breaking" your lease would result in a potential claim for damages from the landlord. However, if your landlord says the lease is void, that suggests he/she may want to get out of said lease, so I'd suggest you consider getting together with him/her for a friendly, cool-headed negotiation to see if you can both achieve what you want, keeping in mind that your name change didn't affect the lease validity.

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Answered on 9/01/15, 11:16 am


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