Q: Can I break my off campus housing lease due to covid all classes are remotely? Landlord don't agree to break lease.
I am a student transfer to UC Davis in the fall 2020. I signed a one year lease with an apartment on May. But now most of the courses are remote. And find out all my and my roommate's classes are remote after we register the classes in the middle of August. We living in Bay Area with family, due to classes are remote and covid, we are not going to move to Davis. We had email landlord, and try to negotiate with property manager for break lease. And we are willing to pay some break lease cost and forfeit the security deposit. But the property manager said no. They give us the options are find someone take over the lease or pay the whole year lease rent which is $23,880 to buy out. It is a huge amount for me a student. I had try my best to find someone, but no one want to take this responsibility. What we should do? I ask an attorney, she suggested that just not move in. Will I get sue if I am not going to move in and not pay rent? And my lease have not start yet, lease start on Sep 15.
A: The best way to get out of a lease is negotiation. Obviously that has failed. The second way is bankruptcy. If you signed the lease, I assume you do not have much income, so you can get out of the lease that way. If your attorney tells the landlord that it is better to take some money rather than nothing at all, then he may change his mind. Try it out. Best of luck.
A: You should check into local ordinances that prevent evictions of tenants impacted by Covid. They could put you into the position of not having to pay rent and the LL not being able to evict you. Your LL thinks he has the strong hand right now but you may not have played all the cards yet. Suggest you seek the assistance of Campus Housing Dept. to advise you and if that does not work to a Tenant's rights attorney in the Davis area.
Justia disclaimers below, incorporated herein.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.