Legal Question in Real Estate Law in California

New lease is the same as the old one. It's a standed lease. But the old lease was up in Nov. & the new lease was signed in Oct. So does the new lease over ride the old lease,, & if the new lease is good can the tenants break the lease one day after signing it?


Asked on 10/13/09, 11:06 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

One has to look at the intent of both parties. I presume everyone thought the old lease would run until November and the new lease would not be effective until the old one expired, and was just being signed ahead of time. It is not unusal to sign a renewal before the old contract expires, as that is just being careful that there is no gap. The parties could intend that the old lease was beling terminated and the new lease took effect immediately, but that would have to be clear from thelir words or actions.

Sure, the tenants can break the lease whenever they want, but they are then liable for the damages they cause by a breach of the lease. You can also shoot anyone you want, but you are then subject to arrest and civil suit. Why would the tenants be entitled to break the lease without having to be responsible for the damages they cause?

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Answered on 10/13/09, 8:36 pm


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