Legal Question in Real Estate Law in California

Re: Breaking a Lease

It is not true unless you are enlisted in the military and receive orders to move. Even then, the landlord is entitled to notice.

Re: Breaking a Lease

There's a defense to a breach of contract known as 'impossibility.' Under certain circumstances this defense might apply. Remember the landlord sues you, you raise the defense in your answer, and then try to convince the judge. However, the best way to break a lease is to inform your landlord, and then help the landlord re-rent the unit.

Re: Breaking a Lease

No, that is untrue. A lease is a contract, and there is no legal way to breach a contract. You can, however, go to the landlord and try to reach some agreement or ask that he try and find a new tenant to take over the balance of your lease.

Re: Breaking a Lease

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Moving out of state is not an excuse for breaking a lease but could be a defense depending on the specific facts and the terms of your lease. Consult with a knowledgeable Attorney. You should be able to get an office consultation for $100 to $200.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case