Legal Question in Real Estate Law in California

Tenant Lease

Question:

My landlord is terminating the lease early, due to him wanting to

take over the unit for himself, can he withhold any of my deposit?


Asked on 3/07/03, 3:02 pm

2 Answers from Attorneys

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

Re: Tenant Lease

The first question is whether the landlord can terminate the lease early at all. The purpose of a long-term lease is to give both the tenant and the landlord some assurance of a long-term situation. Unless the lease has a provision for early termination for this reason, and so long as the tenant is not herself in breach, the landlord cannot lawfully force the tenant to move out early.

If the tenant does move out early, both the landlord and the former tenant may owe the other money for various reasons. The landlord may owe the tenant for deposit, unused rent paid in advance, and damages for breach of contract. The tenant may owe the landlord for cleaning, damage, and maybe other items. Either can sue the other for the net balance due him or her. Unless the premises were heavily damaged by the tenant, it is very likely the landlord will owe the tenant on net balance. The small-claims court could sort it all out.

The tenant here also has the option of simply refusing to move out. If she is not in breach of the lease herself, an attempt to evict her by legal means (notice and suit for unlawful detainer) is likely to fail.

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Answered on 3/07/03, 3:45 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Tenant Lease

Without reviewing anything, I would be of the opinion that he cannot terminate your lease, unless he indicated so in the original lease agreement.

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Answered on 3/07/03, 4:14 pm


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