Legal Question in Real Estate Law in California

Re: Breaking a one year lease

I've read Wayne's answer. He is taking the strict view. There is a concept of impossibility of performance as a defense to a beach of contract. If you're sued and have evidence that there was a necessity to move that might qualify as a defense of impossibility. You as the breaching party has a duty to ameliorate your land lord's damages by finding a new tenant is a good move. The landlord also has a duty to attempt to reduce their damages by accepting a qualified tenant if you find one. And finding a tenant as soon as they can after you move. At a trial they must show how they tried to find a new tenant and couldn't. So they'll probably make a demand but unless they step on all the bases (just like baseball but far more complicated) you've got a good case. You may want to get keep a copy of your daughter's doctor's record to show the court. And take pictures of the apartment when you leave, and keep evidence of all the things you've done to rent the property.

God bless you and keep on providing a good home for that child. That's going to carry a lot of weight with the court.

Re: Breaking a one year lease

The problem with defending such a suit is that, if you have moved out of the country, you would need to come back to defend the suit.

I would suggest that you offer a settlement, perhaps 20% of the total rental amount that would be still remaining to the owner in exchange for letting you out of the lease.

Re: Breaking a one year lease

Unfortunately, yes - unless there is some provision in your lease that allows you an early termination for this excuse.