Legal Question in Real Estate Law in California
I leased an apartment in California where no one under 18 is allowed to live. The apartments have been sold to a new owner who is now allowing children to live here. My lease does not end until The new owners took over my existing lease as is. Is this a breach of my lease on their part and if so, what can I do about it if anything? Can I move out without waiting until my lease ends without repurcussion?
1 Answer from Attorneys
There are at least two possibilities. If the complex rents to senior citizens only,then it is legal to have an age restriction. If you rented their because of that age restriction, then the landlord has breached a material term of your contract and you can give him a thirty day notice. You might be able to move sooner but that will anger the owner and might cause problems as to getting your security deposit back.If it is not a senior only community, then it is illegal to refuse to rent to someone because they have children who will be living with them and it is not a breach of the lease as the lease was always subject to California law..
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