Legal Question in Real Estate Law in California

breaking lease

When we moved into our apt complex, we were assured parking would not be a problem. I came out one morning last week to find my car had been towed away.

The complex has changed the rules to one car per apt.

They apologized that my car was towed before notices had been sent out and paid the towing fees. However, they are requiring us to park our second car three blocks away at a public park. I feel like they have broken our agreement, can I legally move before my lease is up? They are making all kinds of threats against us. I would never have moved here knowing only one car would be allowed.


Asked on 7/24/01, 11:22 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: breaking lease

Did they actually change the rules after you signed the lease, or did they just not announce the rules before? What does the lease say about building rules--does the landlord have the right to set rules for the building that you are bound to follow? If in fact the landlord is changing your lease agreement without your consent, you may be able to make a case that the lease has been breached and therefore that you have the right to terminate. Otherwise, you must abide by the building rules whether they are convenient or not.

It may be to your benefit to show your lease to a lawyer, who can then advise you about your options.

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Answered on 7/25/01, 2:45 pm


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