Legal Question in Real Estate Law in California

My lease expires on June 30, 2012. He told me today he wants me to move out immediately to do major repairs. Do I have to remove before the end of my lease period.


Asked on 4/16/12, 9:44 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

He can have you move but has to pay for the same accommodations as otherwise you are paying rent for a non-rental space.

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Answered on 4/16/12, 9:46 pm

Unless you have a lunatic landlord or a bizarre lease, Shers' answer makes absolutely no sense. Of course you don't have to pay rent if he moves you out. The actual answer to your question should be found in your lease. There should be a damage and repair clause that outlines your respective rights and obligations.

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Answered on 4/16/12, 10:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would add that Civil Code section 1940.2, which declares certain actions by a landlord to cause a tenant to vacate the premises, may be unlawful. There is a difference between repairs that are absolutely essential to keep the place habitable and "major repairs" that the landlord wants to do but which are not truly necessary at the moment.

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Answered on 4/17/12, 8:45 am


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