Full question:
My tenant of one year has decided to cancel the 2nd year of our two year lease. I believe this is a breach of contract and I would appreciate more info on this subject. The tenant is a single divorced woman and our relationship has been excellent. I could not believe that she would take such action. She knew that I was undergoing a major back operation which would make any action on my part difficult. Her notice was received by me a few days ago which makes re-renting literally impossible and people are not inclined to make moves during the Christmas season. I would be willing to work with her to delay her departure till June of 2007. I do not know the reason for her action as yet since I am still bedridden but I do know that it is not a job transfer since she does not work.
- Category: Landlord Tenant
- Subcategory: Lease Violation
- Date:
- State: California
Answer:
If a tenant breaches a lease agreement, the landlord should serve a written notice of the breach to the tenant. This notice must specify what the breach is and often includes a deadline for the tenant to remedy the situation or face termination of the lease. The notice period varies by the type of breach. For non-payment of rent, the notice period is usually between three days to two weeks. For health or safety issues, a shorter notice period is allowed. If the breach involves property damage or other non-threatening issues, the notice period is typically thirty days. In some cases, the landlord can repair damages themselves if the tenant does not act within two weeks, with the tenant responsible for the repair costs. You may find the USLF CA-829LT (California Notice of Default on Residential Lease) helpful.
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.