Legal Question in Real Estate Law in California

termination of lease

if a landlord harasses the tenants or goes in violation of the lease do the tenants have the right to move?


Asked on 12/15/08, 6:19 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: termination of lease

Maybe, but I'd have to say usually not.

"Tenants have the right to move" sounds like another way of saying "Tenants can treat the lease as incurably breached by the landlord."

Harassment and landlord violations of the lease can amount to what is called "constructive eviction" or an incurable landlord breach, but the circumstances have to be pretty serious.

I would advise against just walking out on your lease without getting an opinion on your particular set of facts from someone trained in the law or in landlord-tenant relations. If you can't afford a lawyer or don't think hiring one is worth the cost (and one might give you a free consultation), then try talking to a tenants' rights group. Only someone who can sit down with you and discuss the particulars of your case can form a useful opinion as to whether you could treat your lease as fatally breached or decide that there is probably a constructive eviction in your situation.

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Answered on 12/15/08, 6:48 pm


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