Legal Question in Real Estate Law in California

Re: Reasons for Default

A contract requires performance. But there are cases that say a party can breach the contract, even willfully, and still be liable only for contract damages. Violation of a contract is rarely if ever a violation of criminal law. I know that absent highly unusual circumstances, the nonpayment of rent by a tenant is not a criminal offense.

You may have a deposit or even a last month's payment or both on deposit. There is no reason you cannopt default on the lease; and there is no reason the landlord cannot get a judgment against you for landlord's damages. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553