Legal Question in Real Estate Law in California

Re: Landlord breaking lease

a lease is not only an interest in land, but it is also a valid enforceable contract in which each side would be liable for any breach of that contract without justification or excuse as mitigating factors. therefore, if your friend's landlord is in breach of contract by breaking the lease, your friend can sue for damages.

if you would like further assistance, email me back with more details on what happened, especially the owner's given reasons for breaking the lease and keeping the deposit.

Re: Landlord breaking lease

"Break" is a synonym for "breach." Neither the tenant nor the landlord may breach the lease contract without liability to the other for damages. It may also be possible to demand and obtain specific performance, i.e. to oblige the landlord to honor the lease, but this could be expensive and difficult.

There are at least two practical alternatives to consider here. One is to move out at a pace that's not too inconvenient, gathering evidence all the while about moving costs, proof of the landlord's breach, etc., then filing a small-claims suit for all the monetary damages as well as any unrefunded rent and deposit.

The other alternative is simply to do nothing except continue to honor the lease. The landlord cannot legally evict the tenant; all he can do is serve notices and then file an unlawful detainer action, which, if the tenant is not in breach, he should lose.