42 votes
Accepted

What's the impact of this late fee typo?

Dale is right; here are the details from CA statutes: Since 1872, CA law has told CA courts to assume the parties to contracts in CA are reasonable, not crazy. If the literal reading of the contract ...
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  • 7,967
16 votes

What's the impact of this late fee typo?

The typo is corrected If the context makes it clear that the correct party to pay the fee is the lessee not the lessor then that’s how it will be read. It is not a requirement of contract ...
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  • 147k
10 votes

Clarifying Escape Clause for Rental Agreement

I assume you are already living there? No, you can't use that clause, specifically because the "previous renter" is the person(s) who occupied the apartment prior to your moving in (the &...
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  • 9,065
9 votes
Accepted

Can you break a lease because the landlord refuses to evict another tenant who physically threatens the leaseholder?

California Civil Code 1946.7(a) says that A tenant may notify the landlord that the tenant intends to terminate the tenancy if the tenant, a household member, or an immediate family member was the ...
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  • 157k
8 votes

Break lease agreement due to COVID-19

Are the reasons (mom can't stay because of covid-19 and the son is too young to live by himself) legally justifiable reasons? Unfortunately, not in this case. The landlord can prevail by arguing that ...
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7 votes

Are residential lease durations in Bay Area meaningless?

No, for two reasons. First, your question seems to assume that the current level of (1) vacancy, and (2) rent, will continue unchanged for the indefinite future. A lot of people thought that in 1989,...
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  • 5,537
7 votes

What's the impact of this late fee typo?

In addition to the existing answers, it seems you may be overlooking some basic matters. As long as you pay in time, nothing happens. If you pay late and the lessor doesn't do anything, nothing ...
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  • 4,786
6 votes

What if my roommate doesn't pay his rent

You have not mentioned your jurisdiction or details on the lease, but generally tenants are jointly and severally liable - which means that if he does not pay his share, the landlord can pursue you ...
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  • 3,338
6 votes

Break lease agreement due to COVID-19

No laws have been changed to create extra rights for tenants owing to covid-19. There are many ever-changing orders regarding eviction, whereby you can't presently be evicted, but these are temporary ...
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  • 157k
5 votes
Accepted

Living with roommate not on the lease

The landlord might be able to sue the tenant for actual damages arising from the double occupancy, if utilities are paid by the landlord. Two people tend to use more water than one person. ...
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  • 157k
5 votes

Can my lease co-signer sublet to someone without my consent?

There's a lot of variables here, as many leases are built in different ways within the leeway allowed by law. You will want to contact a local lawyer to see how you can mitigate the damage to yourself,...
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  • 544
5 votes
Accepted

Can my lease co-signer sublet to someone without my consent?

When the end of month comes, if no suitable roommate has been found and my ex-roommate (and still current co-signer) refuses to pay his share of the rent, can I sue him in small claims court? ...
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5 votes

Drug dealer & criminal signed the lease agreement

The police (and any other involved public agencies) do not work for Steve. They make their own decisions. You didn't specify a location, and requirements to consent to a search vary by location. It ...
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  • 151
5 votes

Clarifying Escape Clause for Rental Agreement

If the Premises are not vacated by the current renter and all personal property removed therefrom by the Start Date, [...] The clause is pretty much in the contract to allow canceling it by either ...
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  • 13.1k
4 votes

Can a landlord break lease for city code enforcement renovations in CA?

The government of California has an extensive manual that says what you can and cannot do. To terminate a lease (a rental agreement for a year is a lease), there would have to be just cause for ...
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  • 157k
4 votes

Agent breaking the lease

In general, a properly signed lease is binding. But there are exceptions, and they vary depending on the jurisdiction: country, state/province, and even city or county in many places. You mention a ...
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  • 89.3k
4 votes

Will breaking a lease damage my credit score?

Breaking a lease doesn't directly affect your credit status. It can result in a bad recommendation from the landlord, in case a potential new landlord contacts your former landlord. The connection to ...
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  • 157k
3 votes

Not paying property rent due to unlivable condition

Many states require an escrow of rent for habitability issues, simply not paying rent can be grounds for eviction proceedings. Illinois has a statute for deducting a repair from rent (765 ILCS 742/5)...
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  • 56
3 votes

What kind of lawyer should I speak with about getting out of a lease on the basis of breach of contract?

You want a lawyer who accepts tenant-side landlord tenant cases, usually a solo practitioner or small law firm or legal clinic. Medium to large sized law firms usually don't practice that kind of law ...
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  • 129k
3 votes

Incomplete building rented on commercial lease

Short Answer Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy? Yes. Unless your lease says otherwise. Your ...
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  • 129k
3 votes
Accepted

Can my landlord (who recently bought the property) change the terms of breaking a month to month lease?

From the time that the lease expired and you remained with permission, you had a shorter period of obligation and protection. I assume that the lease ended long ago, and you've been living there month ...
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  • 157k
3 votes
Accepted

Under California residential lease agreement are tenants considered as a single person?

As a general rule, legal language is interpreted loosely with respect to singular versus plural, or male versus female (in interpreting pronouns). A clause that uses the word "tenant" can thus be ...
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  • 157k
3 votes

What's the penalty for breaking a residential lease in NorCal?

By default, the tenant is liable for all rent until the end of the lease. E.g. if neither the tenant nor the landlord can find a suitable and credit-worthy replacement tenant (e.g. if the market has ...
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  • 4,790
3 votes

Can my lease co-signer sublet to someone without my consent?

Here's the problem. You are responsible for 100% of the rent. I think you know that. Oh yeah, the cops aren't going to do anything. There nothing for them. This is a civil matter. So you are 100% ...
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  • 8,272
3 votes

Apartment mgt breaking lease before my move in

Your contract is the only relevant one in your relationship with your landlord If they have broken it you can sue for damages. However, you have to actually read the lease to see if they have broken ...
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  • 147k
3 votes

Will breaking a lease damage my credit score?

united-states Quite possibly, yes. Depending on the terms of the lease you signed, you could be liable for the rent for the remainder of your lease term. If you stop paying the rent, your landlord ...
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2 votes
Accepted

Break lease after murder

Generally no, although state legislative proposals to allow this as a ground to break a lease have been considered in a number of places. You would have to show that being in the evidence zone ...
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  • 129k
2 votes

Does a lease agreement survive change of owner?

You do not specify a jurisdiction where this house is located. I am answering on the assumption that it is located in the United States, based upon your word usage in the question, and am providing an ...
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  • 129k
2 votes
Accepted

Can I legally break my lease without repercussion if my apartment is in disrepair?

Disclaimer: This answer is from a general point of view, not specific to the United States. This is essentially a contractual dispute: Your have entered into a contract with the landlord, which ...
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  • 6,363
2 votes

Under California residential lease agreement are tenants considered as a single person?

You are all the tenant jointly (meaning an act or omission by one of you is an act or omission by all of you) and severally (meaning you are each individually responsible for the obligations under the ...
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  • 147k

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