Legal Question in Real Estate Law in California
breaking a lease
If someone has a rental lease, and prior to the expiration of this lease, the renter becomes ill or acquires medical conditions which are affected by building structure. can the lease be broken without penalty under these circumstances? It has become a safty issue and could result in death.
2 Answers from Attorneys
Re: breaking a lease
If the tenant is disabled, the landlord has a duty to make reasonable accommodations, in policies and in facilities, which may be necessary to allow the tenant to use and enjoy the premises on the same basis as non-disabled tenants. Physical changes to facilities, such as building a ramp, are usually at the expense of the tenant as is the cost of restoring the premises at the end of the tenancy.
In your case, you want to break the lease. That is not an accommodation to enable the tenant to use and enjoy the premises. The landlord is not required to agree to this. The tenant would be liable for lost rent and other costs as set forth in Civil Code �1951.2
Re: breaking a lease
Under certain conditions, you can break a lease. It depends on the particular conditions. You should have a paper trail as to your problem and doctor reports proving that the rental was the source of your problems. Please contact me at 714 363 0220 for free consultation.
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