Lancaster, CA asked in Landlord - Tenant for California

Q: Can I break lease since I haven't even moved into the apartment and been telling landlord I wouldn't be able to move in

I signed a lease before the covid outbreak. Found out over a month before the move in date that I wouldn't be able to continue with the lease due to the outbreak. I informed the landlord and they have yet to get back to me with any type of feedback.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: very sorry to hear of your problem. Currently the new legal protections for tenants regarding CV do not provide that you can flat out break a lease. It is not possible to predict an outcome for your particular case without all the information. If, as you say, you cannot move in due to CV, then you many have a situation that would justify terminating the lease- Frustration of Purpose, or impossibility of performance.

You should consult with a local attorney and provide him all your documents and copies of all your communications with your LL. Keep trying to get the LL to cooperate, be sure you send proper written notice with proof that the LL received it. Certified mail, RRR.

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