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  1. #1
    Join Date
    Mar 2013
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    3

    Post How to End a Lease With an Uncooperative Landlord

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

    I am currently trying to break my lease 3 months prior to the end of a 12 month lease. I have given a customary 30 day written notice sent by registered mail. The landlord has been uncooperative with trying to come to a reasonable outcome. I have already paid out the next 45 days and the house itself will be vacated in the next 14 days giving the landlord over 30 days to find and place a tenant before losing rental income on the property.

    After reading my lease agreement, I noticed that the leasing agent put the lease commencement date and the termination date as the same day and the landlord has initialed and signed the agreement. Would this be a loophole I could use to consider the lease month to month if the landlord refuses to come to a mutually beneficial outcome?

    The monthly rent is below the norm for the area and given the scarcity of available properties, I feel that this house would be rented very quickly.

    I am not trying to game the system but I have been very accepting of requests by the landlord for information. I have also not raised a fit that the gas company has had to fix two gas leaks on the premises and noted that work on the home has not been done to code.

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

    Default Re: How to End a Lease With an Uncooperative Landlord

    the only thing that might get you out of the lease is, possibly, the code issues. Do the code violations constitute a safety issue?

    the fact you are very accepting of requests by the landlord for information gets you brownie points, not an out on the lease.

    The fact there have been two repairs on the gas system simply means they do fix things that are broken.
    Your customary 30 notice is meaningless unless the lease allows you to terminate it with 30 days notice.

    Since you believe the unit will be rented so quickly, why not just leave? The landlord cannot charge you for time beyond your lease at all and only time before your lease expires until the unit is rented.

    I really don't understand why you would consider the landlord uncooperative because he will not allow you to escape the lease early. To me, it is you that is being uncooperative since you do not wish to abide by the contract you signed.

  3. #3
    Join Date
    Mar 2013
    Posts
    3

    Default Re: How to End a Lease With an Uncooperative Landlord

    The technician for the gas company stated that the work he did was more of a band-aid to fix the immediate issue but that more work needed to be done. I notified the landlord and her handyman stated that it was not an immediate concern.

    The uncooperative landlord statement might be over reaching but I have sought to try and come to a mutually beneficial solution but she has flat out stated that I owe rent for the rest of the lease. Which by the contract I would, but I am trying to find a solution to minimize impact on all involved. I am a landlord myself and understand the headaches and cost in placing a new tenant.

    Would the mistake of putting the exact same date as the start and end date on the lease be a way out? The agreement states that if the landlord accepts rent payment after the termination date, then the agreement is assumed to be a month to month and a 30 day written notice is all that is required to terminate the agreement.



    Quote Quoting jk
    View Post
    the only thing that might get you out of the lease is, possibly, the code issues. Do the code violations constitute a safety issue?

    the fact you are very accepting of requests by the landlord for information gets you brownie points, not an out on the lease.

    The fact there have been two repairs on the gas system simply means they do fix things that are broken.
    Your customary 30 notice is meaningless unless the lease allows you to terminate it with 30 days notice.

    Since you believe the unit will be rented so quickly, why not just leave? The landlord cannot charge you for time beyond your lease at all and only time before your lease expires until the unit is rented.

    I really don't understand why you would consider the landlord uncooperative because he will not allow you to escape the lease early. To me, it is you that is being uncooperative since you do not wish to abide by the contract you signed.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: How to End a Lease With an Uncooperative Landlord

    A clerical error is rarely cause for a contract like this to be overturned.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to End a Lease With an Uncooperative Landlord

    If there are code issues with the home, and you have a local housing inspector responsible for inspecting rental properties for safety and code compliance, I suggest placing a call on Monday morning.

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