My landlord called me today and asked if I could move out at the end of the month. She was breaking the lease with no just cause. She has only offered me my security deposit back and nothing else. I have not broken the lease agreement. I was told she wanted to rent the house to a single family rather than do a rental share. I still have 9 months on my lease. Can I be compensated for my moving expenses and hardship? How much notice must she legally give me?
Debt Collection Attorney
if you have a lease then you do not have to leave. They can only evict you for cause during the term of your lease. Talk to a local tenant lawyer. Good luck.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
As Attorney Sullivan properly points out, the landlord cannot evict you without cause so long as you are under a lease and you are not in default of that lease. However, you are free to voluntarily accept landlord's offer to move out, if you so desire. If the landlord is very motivated to have you move out, perhaps the landlord may be willing to pay you some consideration for breaking your lease early. Be sure to consult your own attorney to protect your legal rights.
I agree with my colleagues. If you have a lease that has not yet expired, and if you are not in breach, the landlord cannot make you move out before the expiration of the lease.
If the landlord wanted to negotiate an early lease termination, she should offer you compensation (akin to cash for keys).
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. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.