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CAN I TERMINATE A 1 Year LEASE AGREEMENT to move in to my unit?

San Diego, CA |

I own a tri-plex. I live in the front house and rent out two units in the back. We are recently undergoing a large construction project on the house and would like to move in to one of the units in the back because our contractor has informed us that we have to vacate on day 1 of construction. Can I terminate a 1 year lease agreement and move in to one of the units? Also, the contractor has informed us that there will be disruption in the services such as water at times and that he will have to fence off the front of the property.

Attorney Answers 2


Based upon the facts you've given, Probably not. And, if your activities interfere with the quiet enjoyment of the tenant, you could be sued.

Sorry to be the bearer of bad news.

You may want to negotiate a solution with the tenant whereby you buy-out the remainder of the lease.

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No, a landlord normally cannot terminate a lease early unless the tenant is somehow in breach of the lease.

The landlord's best bet is to inform the tenants on the unexpired lease what is going to happen and then negotiate a buy out (such as to cover at a minimum the moving and relocation expenses) of the lease. Otherwise, the landlord will have to wait until the lease expires before commencing construction.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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