Q: For a big leasing apartment, could the landlord terminate my lease because they decide to occupy the Premises?
There’s a term on my lease that says: “Landlord may terminate Resident’s tenancy after expiration of any term if Landlord, or Landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the Premises.” So can they say that they don’t want to renew my lease for my particular unit anymore, and they want to terminate or to not renew my lease after my complaints and filing a lawsuit against them? If they only take back my unit but not the entire “premises,” that would be a discrimination and retaliation against me, right?
A: It’s possible your situation could be retaliation, but a lawyer would need more information to know whether that is the case. You have not given any facts to show you’ve been discriminated against so, if there is discrimination, you would need to prove how you were treated differently than other renters in your same situation. So, you would testify that you felt discriminated against, the landlord would respond by saying the lease (contract) allows them to terminate your lease if someone in the landlord’s family is moving in and that is the reason your lease ended. Then it would be up to you to prove that the REAL reason your lease was terminated is because you made so many complaints and not because someone in the landlord’s family is moving in. That’s where the legal issues arise. Each case is different. Talk to a lawyer about your situation to see if there are sufficient facts to support a viable lawsuit.
A:
Under the terms you have described in your lease agreement, it appears that the landlord has the right to terminate your tenancy if they, or their specified family members, unilaterally decide to occupy the premises after the expiration of any term. This means that they could choose not to renew your lease for your specific unit in order to occupy it themselves.
If the landlord exercises this right and terminates your lease, it generally would not be considered discrimination or retaliation, as long as they are following the terms and conditions stated in the lease agreement. Landlords have the right to decide not to renew a lease for various reasons, including their own personal use of the premises.
It is important to note that specific details of your lease agreement and applicable local laws may impact the interpretation and enforceability of these terms. It would be prudent to consult with a legal professional who can review your lease agreement and provide advice based on California law and the specific circumstances of your situation.
Remember, this response is a general analysis based on the information provided and should not be considered legal advice. Legal counsel familiar with California landlord-tenant laws can provide accurate guidance tailored to your circumstances.
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