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169star
Jan 8, 2007, 02:52 PM
I currently am renting a home in California and my lease is up at the end of may. However, I just bought a different home also in California, and was wondering if there was a way for me to legally get out of my lease without having to pay the rent up to may. A friend told me that since I bought a home I can get out of my lease without penalty. Any information would be helpful.

KMSRyana
Jan 8, 2007, 03:12 PM
I'd start with contacting the person or company you are leasing from. Most of the time they are very cooperative in a situation like yours. If you explain that you purchased a new home they should let you off without penalty. You may want to review California Landlord and Tenant Laws (http://www.dre.ca.gov/pdf_docs/ref09.pdf). The only legal grounds you may have would be under the Merger of Estates section, which describes the tenant acquiring title to premises superior to those of the landlord's. I would suggest you contact an attorney if they are not cooperative.

LisaB4657
Jan 8, 2007, 05:10 PM
There is no law that allows you to get out of a lease without penalty because you bought a home. The only way you can get out of your lease without penalty is if your lease specifically allows you to do so. Read it carefully to see if there is any kind of termination provision.

If your lease doesn't address termination then you can try speaking with your landlord. They may allow you to find a new tenant to take over the balance of your lease. Or they may allow you out of the lease in return for a payment such as a month's rent.

Fr_Chuck
Jan 8, 2007, 08:00 PM
I would say you should not listen to friends before you buy the property.

Normally no, buying property is not an excuse to break the lease, if you have someone who understands, they may, but in most cases they will have to either allow you to sublease, or find another renter. Of they may wish to change you a fee for allowing you to break the lease.