Murrieta, CA asked in Contracts and Landlord - Tenant for California

Q: How can my daughter break her apt lease for the upcoming fall?

She was told she can't break lease only sublet. Due to covid 19, all her classes are online and she has also lost her job. What recourse does she have? I have tried to talk with Apt complex but was told she can't break it. The apt is in Fullerton.

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

A: You need to take all documents and copies of all communications with the LL to an attorney for a consultation. There is no simple answer to this question in these difficult times with CV. Many cities that have universities have enacted ordinances to deal with this problem and allow tenants to withdraw from the lease. IMO you should send written notice to the LL that you are not moving ahead with the lease due to CV 19 and the change in the Univ. classes policies, with a return receipt. Then if the LL does not do anything to re-let the property, they may not be minimizing their damages. Meanwhile, seek help from an attorney near you to evaluate the situation and research whether there are any new laws that would benefit you.

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