What are the grounds for which a landlord can legally terminate your lease?
Full Question:
I signed a one year lease in Jan 2007 when my landlord rented me her condo because her husband, who is in the Army, was sent to Kansas. Now her husband has been sent to Iraq and she moved back to California. She can't find a rental that will allow for her dogs so she said she has to break our lease and move back into her condo. Is this legal in the state of California?
I know that a landlord can ask you to move at anytime to move back into her condo but I thought that was only AFTER the lease it up?
06/22/2007 |
Category: Landlord Tenant |
State: California |
#6618
Answer:
You should carefully read your lease agreement regarding your rights and obligations and your landlord's rights and obligations regarding termination of the lease. Typically, for a longer-term lease, such as a one-year lease, a landlord would be required to give notice of the termination at the end of the lease, unless the tenant violated the lease.
The applicable California statutes are as follows:
§ 1946 Civ.
A hiring of real property, for a term not specified by the parties, is
deemed to be renewed as stated in Section 1945, at the end of the
term implied by law unless one of the parties gives written notice to the
other of his intention to terminate the same, at least as long before the
expiration thereof as the term of the hiring itself, not exceeding 30
days; provided, however, that as to tenancies from month to month either
of the parties may terminate the same by giving at least 30 days' written
notice thereof at any time and the rent shall be due and payable to and
including the date of termination. It shall be competent for the parties
to provide by an agreement at the time such tenancy is created that a
notice of the intention to terminate the same may be given at any time
not less than seven days before the expiration of the term thereof. The
notice herein required shall be given in the manner prescribed in Section
1162 of the Code of Civil Procedure or by sending a copy by
certified or registered mail addressed to the other party. In addition,
the lessee may give such notice by sending a copy by certified or
registered mail addressed to the agent of the lessor to whom the lessee
has paid the rent for the month prior to the date of such notice or by
delivering a copy to the agent personally.
§ 1946.1 Civ.
(a) Notwithstanding Section 1946, a hiring of residential real property
for a term not specified by the parties, is deemed to be renewed as
stated in Section 1945, at the end of the term implied by law unless one
of the parties gives written notice to the other of his or her intention
to terminate the tenancy, as provided in this section.
.(b) An owner of a residential dwelling giving notice pursuant to this
section shall give notice at least 60 days prior to the proposed date of
termination. A tenant giving notice pursuant to this section shall give
notice for a period at least as long as the term of the periodic tenancy
prior to the proposed date of termination
(c) Notwithstanding subdivision (b), an owner of a residential dwelling
giving notice pursuant to this section shall give notice at least 30 days
prior to the proposed date of termination if any tenant or resident has
resided in the dwelling for less than one year.
(d) Notwithstanding subdivision (b), an owner of a residential dwelling
giving notice pursuant to this section shall give notice at least 30 days
prior to the proposed date of termination if all of the following apply:
(1) The dwelling or unit is alienable separate from the title to any
other dwelling unit.
(2) The owner has contracted to sell the dwelling or unit to a bona
fide purchaser for value, and has established an escrow with a licensed
escrow agent, as defined in Sections 17004 and 17200 of the Financial
Code, or a licensed real estate broker, as defined in Section 10131 of
the Business and Professions Code.
(3) The purchaser is a natural person or persons.
(4) The notice is given no more than 120 days after the escrow has been
established.
(5) Notice was not previously given to the tenant pursuant to this
section.
(6) The purchaser in good faith intends to reside in the property for
at least one full year after the termination of the tenancy.
(e) After an owner has given notice of his or her intention to
terminate the tenancy pursuant to this section, a tenant may also give
notice of his or her intention to terminate the tenancy pursuant to this
section, provided that the tenant's notice is for a period at least as
long as the term of the periodic tenancy and the proposed date of
termination occurs before the owner's proposed date of termination.
(f) The notices required by this section shall be given in the manner
prescribed in Section 1162 of the Code of Civil Procedure or by sending a
copy by certified or registered mail.
(g) This section may not be construed to affect the authority of a
public entity that otherwise exists to regulate or monitor the basis for
eviction.
(h) This section shall remain in effect only until January 1, 2010, and
as of that date is repealed, unless a later enacted statute, that is
enacted before January 1, 2010, deletes or extends that date.
§ 1953 Civ.
(a) Any provision of a lease or rental agreement of a dwelling by which
the lessee agrees to modify or waive any of the following rights shall be
void as contrary to public policy:
(1) His rights or remedies under Section 1950.5 or 1954
(2) His right to assert a cause of action against the lessor which
may arise in the future.
(3) His right to a notice or hearing required by law.
(4) His procedural rights in litigation in any action involving
his rights and obligations as a tenant.
(5) His right to have the landlord exercise a duty of care to prevent
personal injury or personal property damage where that duty is imposed by
law.
(b) Any provision of a lease or rental agreement of a dwelling by which
the lessee agrees to modify or waive a statutory right, where the
modification or waiver is not void under subdivision (a) or under Section
1942.1, 1942.5, or 1954, shall be void as contrary to public policy
unless the lease or rental agreement is presented to the lessee before he
takes actual possession of the premises. This subdivision does not apply
to any provisions modifying or waiving a statutory right in agreements
renewing leases or rental agreements where the same provision was also
contained in the lease or rental agreement which is being renewed.
(c) This section shall apply only to leases and rental agreements
executed on or after January 1, 1976.