California Apartment Association

Legal Q&A: Can tenant legally break lease to move for job?

Question: Can a resident legally drink alcohol in the outdoor common areas of an apartment community?

Answer: Landlords have the right to restrict the drinking of alcohol in the common areas of the premises.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: My tenant vacated and has damaged the unit more than the security deposit will cover.  The tenant had a co-signer on the agreement.  I have written the tenant and co-signer with no response after 30 days. Do I file a small claims action against both the tenant and the co-signer or should they be separate lawsuits?

Answer: You can file against both of them in the same small claims court suit.

Question: What are the reasons that a tenant can legally break a lease agreement?  Is relocation due to a job change a legal reason to break the lease?

Answer: Relocation of a job by a tenant is not a legal reason to break a lease, unless the lease allows for this specific event.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.