Full question:
I currently share a 2 bedroom house with a roommate. We are both on the lease. I am trying to sublease for the last 3 months (moving for work) of lease with landlords approval. Roommate is making situation difficult. He has a cat. The lease stipulates no animals. Can I legally terminate the lease and get out of it?
- Category: Landlord Tenant
- Date:
- State: California
Answer:
I'm assuming the lease is for at least a year and not a month-to-month tenancy and that the landlord isn't failing to uphold his duties. In order to terminate the lease early, there would need to be an early termination provision in the lease or else the landlord would need to agree to the termination. Otherwise, a tenant may be held liable for rent for the full term of the lease, subject to the landlord's duty to mitigate damages by making a reasonable attempt to relet the premises. Typically, when the lease doesn't allow for early termination, the landlord would need to be failing to uphold his required duties in order, such as failing to provide a habitable premises, for an early termination by the tenant to be justified. It may be possible to persuade the landlord to terminate the lease early by offering some form of payment or something of value in return for his agreement.
Please see the information at the following links:
http://definitions.uslegal.com/l/landlord-tenant-termination/
http://lawdigest.uslegal.com/real-estate-laws/leases-and-rental-agreements/
http://lawdigest.uslegal.com/real-estate-laws/landlord-tenant-rights/
http://www.dca.ca.gov/publications/landlordbook/problems.shtml
http://definitions.uslegal.com/s/sublet/
http://definitions.uslegal.com/l/leases-sublease/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
