San Francisco Breaking a Lease Attorney

Japantown Tenantable Apartment Lawyer

Often times, circumstances change and breaking a lease becomes necessary. While you might be responsible for the rest of the rent due on the lease, the landlord also has a duty to mitigate these damages by trying to find someone to take over the existing time left on the rental agreement.

At the Law Offices of James Coy Driscoll if you are breaking a lease, we can help you protect your legal rights and make sure that you are treated fairly. Throughout the San Francisco Bay Area, people seek out our firm because we are honest and straightforward. Whether breaking a lease comes as a result of a need to move away because of a job change or because there is an issue with the tenantability of an apartment, such as leaky windows, lack of proper heat, rodents or mold contamination, we can help you. Contact us today to learn more about your tenant's rights in this situation.

In many situations, breaking a lease allows the landlord to increase the rent for the next tenant. However, if the landlord is unable to find someone willing to pay the new rental price and ends up renting the unit to someone at a lower price than what you paid, you may be liable for the difference in the amount for the balance of your lease term.

Under California Civil Code section 1941 and the sections that follow, a landlord has a duty to make sure all six conditions of habitability are fulfilled:

• Walls, floors, roofs, windows and doors that keep out the weather, including rainwater
• Plumbing and gas fixtures that work properly
• Adequate working permanent heating fixtures (NOT portable heaters)
• The common area of the building and grounds kept clean by the landlord
• Adequate garbage containers (recycle containers may also be required)
• Floors, stairways, and railings maintained in good repair.

If one of these conditions is not being met and your landlord is on notice of the problem without having it rectified, our attorney can help you assert your rights. You may be able to break the lease by claiming constructive eviction.

We can also help you pursue money damages for living in substandard conditions. We employ a private housing inspector who has extensive experience inspecting properties all over San Francisco and the Bay Area.

For a consultation with the Law Offices of James Coy Driscoll, call (415) 673-6000 or contact us online. The initial telephone consultation is free of charge.