28Oct
There are certain times when a tenant is on safe legal ground to break their unexpired lease. Although you may have a good reason to leave your lease prematurely, you're still liable for substantial damages unless it's legally acceptable for you to leave.
Under federal and California state law, tenants who have active military service are eligible to validly break their lease. If the tenant enters active military service after they've signed the lease or are to be redeployed for a time of not less than 90 days, then they have the foundation to establish breaking their lease without further responsibility for paying the remaining rent.
For these purposes, California regards the following as acceptable military service:
The process includes providing the following:
All housing must be habitable and meet local and state housing codes. If a tenant's unit doesn't meet these standards, they likely can break the lease under the theory of constructive eviction. For instance, if the landlord doesn't make necessary repairs within a reasonable time and tenant follows specific steps, they may be able to leave early.
Any unit must have a certificate of occupancy. When it doesn't, it's considered illegal. This includes living spaces like converted garages, in-laws, and attached rooms. If the unit is illegal, then the lease is generally considered void. Typically, this means that no rent is owed, and the tenant can vacate without further obligation.
A landlord can only enter a tenant's unit under specific circumstances and after giving proper notice. When this is violated, it can be considered harassment. This can also be true if your landlord turns off your services like electricity or changes your locks. In these types of situations, a tenant can leave within a reasonable time without penalty.
Tenants who are victims of abuse are allowed to break their lease. This includes:
If you need to break your lease, but you don't fall under one of these categories, there are helpful ways to lessen your financial obligations. By coming to an agreement with your landlord or finding a replacement, you may be able to handle the situation. However, there are times where you still may need an experienced attorney. Talk to a Wolford Wayne attorney who can assist you. Contact us today for more information.
Recovered on behalf of a group of 30 tenants living in an SRO in San Francisco who were living with horrendous conditions in their rent controlled apartments, including rodents, bedbugs, mold, water leaks and harassment.Read More
Recovered on behalf of three families living in a building in San Francisco’s SOMA neighborhood who were forced to live with substandard conditions for years as a result of their landlord’s negligence, including issues with lack of heat, lack of hot water and cockroach/rat infestations.Read More
Recovered on behalf of a couple living in a rent-controlled home in the outer Sunset neighborhood. Our clients were forced to vacate after the landlord served them with an Owner Move-In Eviction Notice. After the landlords failed to move into the property, our clients filed suit for wrongful eviction.Read More
Recovered on behalf of a San Francisco tenant in Russian Hill. Tenant was forced to vacate her illegal apartment in retaliation for reporting unlawful rent increases to the San Francisco Rent Board.Read More
Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.Read More
Recovered on behalf of three long-term tenants in San Francisco’s Castro neighborhood who were constructively evicted due to noise and nuisance conditions created by their downstairs neighbors, which the owner refused to address.Read More
Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent-controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.Read More
Recovered on behalf of seven tenants living in a makeshift boarding house in East Palo Alto.Read More
Recovered on behalf of two former San Francisco tenants who were evicted via an Owner Move-In Eviction and owner failed to occupy the unit as her primary place of residence.Read More
Recovered on behalf of an elderly long-term tenant who was forced to vacate her long San Francisco apartment as a result of her landlord’s refusal to address longstanding defective conditions, including lack of heat, mold, rodent infestations, and defective plumbing. Read More
Recovered on behalf of a San Francisco tenant who was forced to vacate his home as a result of ongoing, disruptive construction and the owners’ refusal to provide him with alternative housing. Read More
Recovered on behalf of a San Francisco family that was constructively evicted from their home in the Richmond District as a result of unlawful rent increases, defective conditions and tenant harassment.Read More
Recovered on behalf of a tenant living in an illegal “in-law” unit. In this case, a new owner purchased the building and then demolished our client’s unit without permits while she was displaced for seismic retrofitting.Read More
Recovered on behalf of two long term San Francisco tenants who were fraudulently evicted from their home of over twenty years under the pretext of an owner move-in eviction.Read More
Recovered for tenant who was injured when their stairway railing collapsed at the tenant’s Mission District apartment building.Read More
Recovered in action for a group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.Read More
For more information or to discuss your legal situation, call us today at (415) 649-6203 for a phone consultation or submit an inquiry below. Please note our firm can only assist tenants residing in San Francisco, Oakland & Berkeley.