Legal Question in Real Estate Law in California

Re: Is forgery a legitimate reason to legally break a lease?

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would

say that you probably have grounds (either by way of the falsification, or otherwise) to break the lease. Keep in mind that the landlord has a duty to mitigate his/her damages, so if the apartment is re-rented quickly your maximum exposure might only be one moneth's rent. Buy an hour os so of a good tenants' rights attoney's time and have him/her review your paperwork and other specific facts of your situation.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Is forgery a legitimate reason to legally break a lease?

Forgery in the lease itself would probably render it unenforceable by the guilty party. However, the alleged forgery seems to be in another document. Not every falsification amounts to a forgery (which is primarily a term of the criminal law, by the way; you should perhaps be looking at the laws relating to civil fraud in analyzing the impact on your lease and your obligations uder the lease.

In my opinion, it is not all that clear that the falsification's impact was sufficiently material to amount to a breach of the lease or otherwise relieve you of further obligation.

If you really want to escape the lease, your next step would probably be to get an opinion from a local attorney who can read the documents and advise you whether you have a case.

Re: Is forgery a legitimate reason to legally break a lease?

There is an equitable concept. Which is the affirmation of a contract by accepting the benefits. It is not generally well known, and I'd simply call it what it is "constructive affirmation of a contract." It comes up in the military when enlistment contracts are falsified and then the person wants to use their own falsification to break their enlistment ocntracts. However, this is a situation in which you didn't forge anything but did benefit from the forgery. And knew about it a couple of months after it was done. Then you wait eight months more to try to break the lease over it. I think you've constructively affirmed the lease and any other benefits you got from your contract with the landlord.