Mar
05
As a landlord, who lived in the unit that is now leased, can I terminate the lease to move back in the unit?
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I own and lived in one side of a duplex in Santa Clara County, CA.. Moved to Washington for two years and now am returing to CA and want to terminate the annual lease with my tenant to allow me to move back into the duplex as my primary residence again. I have researhed the CA Civil Code but did not find any provisions that address this action. Besides approaching the tenant to agree in writing that they will be willing to vacate and provide 90 day notice….what remedies do I have and what legal provisions can I reference?
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6 Comments
March 7th, 2009 at 11:22 pm
I don’t know CA law but in most, if not all, states you can’t just cancel the lease unless all parties agree.
March 10th, 2009 at 5:48 pm
in general you will not be able to terminate a lease early based on your interning to owner occupy the unit
since the lease is a legal contract binding on both parties, you most likely will not find a CA statute to allow early termination of the lease or valid reason to breach the contract
also under basic contract law of mutuality of the provision, even if you had a provision within your lease that would only allow the landlord to terminate the lease early for reason as you suggest, it would be invalid under mutuality requirement
for example I know it is a different state but in NJ, you must have cause to terminate a lease, one reason is owner occupied buy that can only occur at the end of the fixed term lease and not an excuse to terminate early
March 11th, 2009 at 4:27 pm
A lease is a legally-bounded document. To break the lease, as you said, you should get a written consent from the tenant and get it notarized.
March 14th, 2009 at 3:02 am
Even if you own the property, the lease rides with the property. They have the right to quiet enjoyment and unless they aren’t living to the terms of the lease you have basically given the rights over to them for the length of the lease. I believe that is true throughout the country but, you can research what is true at the following link for CA. You are lucky that they are good tenants and pay you while you have been out of town if you come back and the property is still in good shape-count your blessings. Maybe now is time to look at another property to invest in while they finish out the lease term.Good luck.
March 15th, 2009 at 12:14 am
You can’t until the end of the lease, unless there’s some provision in the lease that allows you to terminate it early. You could talk to the tenant and see if he’s willing to move early, but if not, you have a contract with him until the lease expires and can’t just decide to break it.
March 17th, 2009 at 9:06 am
you’d have to make it worth their while to break it, like their full security deposit back and 2 months rent paid to them the day they leave