Legal Question in Real Estate Law in California
Is it possible to legally break a lease because of a landlord's unreasonable dem
I have a six-month apartment lease. I moved into this building because cats are allowed.Atthe time I moved in (two months ago), I was told that cats were preferably to be kept inside, but were allowed outside under supervision. I proceeded to do exactly that by keeping an eye on my cat when she was out and keeping her inside after 10:30 at night until 10:30 a.m. At least 5 other cats seemed to be outside in similar circumstances.I have just been told that I must put a harness and leash on my cat or Iwillreceive a 30-day notice for breaking the rules.Additionally I found out that I inadvertently signed a paper (the pet deposit agreement) which specified that all pets must have leashes (on the very bottom, not noticed by me or discussed in any way). I would like to move to an apartment without these ridiculous restrictions upon my very well-behaved cat. Do I have any grounds for breaking this lease legally? Three more months of the stress caused by the fear of my cat accidentally getting outside will have me ending up in an insane asylum.
1 Answer from Attorneys
Re: Is it possible to legally break a lease because of a landlord's unreasonable
Usually, parties to contracts are assumed to have read them. The fact that you did not read (or don't remember reading) every word of the lease addendum would be of slight value before a court, unless the language was in exceptionally fine print or otherwise hidden.
Pre-printed contracts with lots of fine print that are presented by one side without the other having the opportunity to negotiate on the contents are called 'contracts of adhesion' and may, on occasion, be unenforceable against the party that didn't prepare it. To be unenforceable, a contract of adhesion must be 'substantively unconscionable,' which might include, say, a provision that the landlord could seize your cat and take her to the pound. However, I doubt the provision you describe would be found 'unconscionable' by a court.
Therefore, I don't think you have a basis for breaching your lease contract. If you get a 30-day notice, that may afford you an 'exit strategy' but you should also consider the possible effect on your credit rating and references for future rentals.
My recommendation is to try to negotiate a set of short-term rules you can both live by until the lease expires, then find a more accommodating landlord.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
