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  1. #1
    Join Date
    Feb 2012
    Posts
    1

    Default Can a Landlord Break a Lease Prior to Delivery of Possession

    My question involves landlord-tenant law in the State of: CA.

    In 2011, I signed a short-term lease agreement for use of a vacation home in Santa Barbara in late 2012. Last week, I was notified that the home owner of the home has decided to rent the home to a long term renter. I was told my lease was voided and my deposit would be returned.

    The lease terms a cancellation policy for the guest, but not the owner.

    I am not in default on any aspect of the contract.

    This might not normally be an issue- but homes in SB book out 12 months in advance and the only comparable homes left are going for at least 2K/week more.

    Is this legal? I have a contract, paid my deposit (which was cashed), and have followed all stipulations in the lease to date.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Landlord Break a Lease Prior to Delivery of Possession

    unless there is something in the lease that allows the landlord to cancel your lease as he has, your landlord has no right to do what he has. I would suggest to the landlord that he find alternate living arrangements for the "new" tenant while you stay in the rental during your lease period. Alternately you could ask him to cover the difference in rent in a comparable unit.

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