As a landlord, who lived in the unit that is now leased, can I terminate the lease to move back in the unit?

Question

I own and lived in one side of a duplex in Santa Clara County, CA.. Moved to Washington for two years and now am returing to CA and want to terminate the annual lease with my tenant to allow me to move back into the duplex as my primary residence again. I have researhed the CA Civil Code but did not find any provisions that address this action. Besides approaching the tenant to agree in writing that they will be willing to vacate and provide 90 day notice....what remedies do I have and what legal provisions can I reference?

Answer 1

in general you will not be able to terminate a lease early based on your interning to owner occupy the unit

since the lease is a legal contract binding on both parties, you most likely will not find a CA statute to allow early termination of the lease or valid reason to breach the contract

also under basic contract law of mutuality of the provision, even if you had a provision within your lease that would only allow the landlord to terminate the lease early for reason as you suggest, it would be invalid under mutuality requirement

for example I know it is a different state but in NJ, you must have cause to terminate a lease, one reason is owner occupied buy that can only occur at the end of the fixed term lease and not an excuse to terminate early

Answer 2

Even if you own the property, the lease rides with the property. They have the right to quiet enjoyment and unless they aren't living to the terms of the lease you have basically given the rights over to them for the length of the lease. I believe that is true throughout the country but, you can research what is true at the following link for CA. You are lucky that they are good tenants and pay you while you have been out of town if you come back and the property is still in good shape-count your blessings. Maybe now is time to look at another property to invest in while they finish out the lease term.Good luck.

Answer 3

You can't until the end of the lease, unless there's some provision in the lease that allows you to terminate it early. You could talk to the tenant and see if he's willing to move early, but if not, you have a contract with him until the lease expires and can't just decide to break it.

Answer 4

A lease is a legally-bounded document. To break the lease, as you said, you should get a written consent from the tenant and get it notarized.

Answer 5

I don't know CA law but in most, if not all, states you can't just cancel the lease unless all parties agree.

Answer 6

there is not any such concern as a month-to-month hire; you the two have a month-to-month condominium settlement, or a hire for a definite quantity of time (ie 6 months, one 365 days, etc). so as to terminate a hire, all events ust conform to it, meaning all tenants would desire to furnish the owner observe of reason to vacate. interior the same admire, the owner is a lot greater probable to evict all tenants than only one. in case you call to your landlord evict this tenant, this is extremely probable which you will finally end up evicted, besides. for the reason which you're all on the condominium settlement mutually, you're all the two to blame for each thing (paying hire on time, harm to the valuables, etc). I understand your frustration, yet your landlord is one hundred% impressive. furnish this different tenant incentive to pass (ie you all will cover his final month's hire so he can use it to locate a clean place). you will would desire to make it nicely worth his on the same time as to bypass away. in any different case, all you're able to do is proceed to place up with it until all of us is able to furnish observe and pass. you're all to blame for one hundred% of the hire; if this guy isn't paying, you could desire to return up along with his element, for which you would be able to sue in small claims. The abuse of the lady pal is none of your organization, and regrettably you could no longer do something approximately it. you could no longer help people who won't help themselves; it is the lady pal's accountability to bypass away him and/or call the police appropriate to the abuse. you could furnish ethical help, yet that's it. The abuse of yet another canines (one that may no longer his) is inaccurate. you could call the law enforcement officers and/or sue him, particularly if he reasons authentic harm that warrants a bypass to to a vet.

Answer 7

you'd have to make it worth their while to break it, like their full security deposit back and 2 months rent paid to them the day they leave