Question: My mom rented a studio with a one-year lease. Her primary residence is in another city. She rented it to take some breaks - my father is pretty sick and she wanted some time away. Her physician just told her that she should not drive the 3 hours. Is she still stuck with the lease or under California law can her health get her out? If she is still stuck what can we do to get her evicted in other words out of the lease without it affecting her credit? The owner is a jerk. If pets are not allowed, can we get a pet to get evicted?
2007-02-10 17:36:15 · 4 answers · asked by Tiffany S 1 in Business & Finance ➔ Renting & Real Estate
you don't want to get evicted, that costs big money, and ruins your credit. take the 2nd route and see if she can buy her way out. my lease has a provision that with 2 months rent, i can get out of it. see if you can do that first. a eviction is a legal action. if she just packs up and leaves, the landlord will also take her to court. a buyout is the most painless, usually the cheapest, and it wont ruin her credit, or her chances of renting in the future. around here, a health reason is not good enough to legally break the lease. (they wouldn't do it for my grandmother)
this website may give you some ideas for legal justifications to break the lease, and what can happen if you cant break the lease legally
http://www.caltenantlaw.com/breaklease.htm
2007-02-10 18:27:01 · answer #1 · answered by Jen 5 · 0⤊ 0⤋
Well usually a lease is a contract the you get into with the landlord. You can break a lease but you might loose the right of any deposits your mom gave upfront for the apt. The owner should not ruin your credit because, if your up to date with rent then your OK, your just going to break a contract for living there less than 1 year. Or just make up a reason so that he just can't wait until you leave like, leave the windows open if your heat is on and if he is paying for the bill etc.. As far as getting rid a pet dog, If the dog was there for a long time...forget it. The tenant has a right to keep it. Usually a tenant that owns a larger dog will keep it a secret until the tenant has been living there for a while. Final it will be hard for the landlord to take action on the owner for having a pet.
2007-02-11 02:04:53 · answer #2 · answered by m 2 · 0⤊ 0⤋
you really don't want to get evicted, however, most states will afford the tenant more rights than the owner so the law is on your side in this one. I would go with the medical route. have the doctor write her up some papers and give it to the landlord....
also under California law, if you do break a lease the landlord can only continue to charge you the rent until he finds another tenant....so if you mom knows a friend or other family member that needs a studio.....
2007-02-11 12:26:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You don't want to get her evicted - that would really cost her. Often, a landlord will let you buy your way out of a lease. I would suggest that she get her doctor to give her a letter explaining her situation. She can show that to him and offer to give him two months' rent to give him time to rent it again. If she moves out immediately, he can re-rent it and still have some extra. Chances are he'll jump at the chance.
2007-02-11 01:40:49 · answer #4 · answered by Terri J 7 · 0⤊ 0⤋