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:
Typical landlord remedies for tenant breach:
If a tenant breaches the lease agreement, the landlord must serve written notice of the breach upon the tenant, describing specifically what constitutes the breach, and in many cases, stating a deadline by which the tenant must remedy the breach or be terminated. The period of notice prior to the deadline is defined by statute and varies in length depending on the severity and type of breach. If the breach is non-payment of rent, a period from three days to two weeks is typically allowed for repayment. If the breach is related to a condition which affects health or safety, a suitably short period of time is allowed in which to remedy the defect. If the breach involves property damage or other non-threatening conditions, the period of notice is typically 30 days, and the landlord may exercise the option to repair the damages himself if tenant has done nothing within two weeks (tenant being charged with the price of repair).
USLF CA-829LT (California Notice of Default on Residential Lease) may be helpful to you.
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.
