Legal Question in Real Estate Law in California

Lease Break Due To Marriage

My husband and I were married yesterday and now we are trying to conjoin our two homes into one. Due to my son's school, he will be moving to where I live. However, he is in a lease at his place and we need to break it. I know that medical reasons will suffice for not being penalized in a lease break, but what about a marriage. This is a large change in lifestyle that requires such things. Is there something we can do to not be required to pay the extensive fees they want to charge for the termination of the lease?


Asked on 2/01/03, 2:41 am

2 Answers from Attorneys
Martin Snitow

Re: Lease Break Due To Marriage

The landlord must try to find a new tenant. You are responsible for the cost of re-renting and for any lost rent. For example, you can be charged for ads, broker's fees, and for rent until a new tenant starts paying rent. If the new tenant pays a lower rent, you are liable for the difference.

To reduce your liability, you can try to find a new tenant. If you get one who meets the landlord's reasonable qualifications, you may not have to pay anything.

Lease terms which require the tenant to pay a penalty for breaking a lease, instead of the costs and lost rent, are not enforceable in California. There is no medical or marriage justification to break a lease unless it is written into the lease.

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Answered on 2/01/03, 12:43 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Lease Break Due To Marriage

A lease is not an airline ticket. There is no excuse for breaking a lease which will insulate the tenant from liability.

Talk to the landlord. If you cannot work out an amicable resolution, consult an attorney.

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Answered on 2/01/03, 12:45 pm


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