Plaintiff and defendant entered into an agreement for the leasing of a shopping center. Plaintiff contends that defendant stopped paying the lease payments and is in default of the lease agreement. Plaintiff demands that defendant pay the balance of the lease agreement.
California Complaint for Breach of Lease
State:
Multi-State
Control #:
US-60923
Format:
Word;
Rich Text
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How to fill out Complaint For Breach Of Lease?
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FAQ
Landlords cannot charge tenants the cost of offering a reasonable accommodation. Additionally, landlords must allow tenants with disabilities to make reasonable physical modifications to the unit so that they have ?full enjoyment of the premises.?
If a tenant fails to pay rent, breaks a rule, or significantly damages the property, then it is considered a breach of contract and you have grounds for eviction. If there are people living in the unit that are not on the lease, then that is also a breach of contract and you have grounds to evict them.
If you have a month-to-month rental agreement, a 30-day notice should be provided to the landlord. If you have a lease, review it to determine if it has terms that discuss what happens at the end of your lease.
If you are the tenant, and you sue your landlord for breach of a rental agreement, the same law applies: If your case is for more than $10,000, you must file in district court. Read my blog post about district court here. If your case is for less than $10,000, you may file in small claims court or district court.
Landlord's Responsibility to Re-Rent Their Unit ing to California law (Civil Code - CIV § 1951.2), landlords must make reasonable efforts to re-rent their property if the tenant breaks the lease. If you can re-rent your unit successfully, the rent you receive from the new tenant will apply to the old one's debt.
If you have a lease early termination clause, you can break your lease early in exchange for paying a penalty such as one month's rent. If you do not have this clause and break your lease, you will be liable for your landlord's damages.
The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .dca.ca.gov.
Lease Expiration or Termination Once the lease expires, you no longer have the right to live in the property unless you get the lease extended or sign a new lease. This is true even if you were to continue paying rent. That said, your landlord doesn't have the right to evict you immediately after your lease expires.