Legal Question in Real Estate Law in California

Re: Landlord refuses to let us out of our Lease

Unless you want to be liable for damages for breach of lease,

you need to be prepared to stay in possession until

the end of the term. Remember that a lease is a 2

way street. Just as you wanted the lease to avoid

"surprises down the road," the lessor wanted to be

assured of an income stream for the term of the

lease. Unless the lessor has somehow breached the

covenants contained in the lease, he has the legal

right to expect you to perform your contract. As to

the issue of the lessor's refinancing, that's a

completely separate transaction with a completely

separate party that had no bearing on the rights

and obligations imposed by the lease between yourselves and the lessor. You've not been harmed by

any misrepresentation the lessor may have made to

his lender. No legal principal I know of

says that you can capitalize on the simple fact

that the Lessor may have done something wrong in

his dealings with other parties.

I'd strongly suggest you attempt to negotiate with

the lessor in good faith. If the lessor refuses to

allow you to move out, then you have to make, in

essence, a "business decision" and decide whether

the damages award you may face for breach of

lease are greater or less than the financial

benefit you receive from purchasing a house now,

as opposed to 3 months down the line.

The information above is provided solely as an

accomodation and does not consitute either the provision

of legal advice on which you may totally

rely, or the creation of an attorney-

client relationship.

I wish you all success in reaching a fair and

speedy resolution with the lessor.

TW Newton

Thomas Newton

Tims & Newton

14401 Sylvan Street, Suite 215