Legal Question in Real Estate Law in California

Can you break a lease if you become pregnant and your home will not accomodate a baby?


Asked on 8/09/10, 3:14 pm

2 Answers from Attorneys

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

No.

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Answered on 8/14/10, 10:25 pm

Sure you can, if you are prepared to pay damages for breach of contract, which are measured as the rent due from when you vacate the premises until it is re-rented. The only way out of that is if the landlord fails to take commercially reasonable steps to re-rent it. But really, how long is your lease? You've got eight months or so of pregnancy, and having had three kids myself, I know the first four months they really don't take up much room. Is your lease really not going to be up in time to just move when the lease is up?

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Answered on 8/18/10, 8:35 pm


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