Legal Question in Real Estate Law in California
destruction/condemnation
Does the tenant have the right to terminate the lease if a destruction problem hasn't been fixed in 30 days as outlined in the lease agreement? (Without penalty)
If terminating the year lease early,what is the maximun amount the landlord can charge you for a penalty?
1 Answer from Attorneys
Re: destruction/condemnation
It depends upon what the lease says. Typically, if a percentage of the premises is destroyed, the landlord or tenant can declare the lease termianted after the time prescribed in the lease. If either party declares the lease terminated because of destruction of the portion of the premises described in the lease, there usually is no "penalty."
You should take your lease to an attorney in your whose practice emphasizes real property and have them take a look at your lease. You can then discuss your particular situtaion with the attorney who can then tell you what your rights and obligations are under the lease.
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