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Can I get out of a lease I signed, under duress due to

Customer Question
Can I get out...

Can I get out of a lease I signed, under duress due to having to move may 17?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. i signed to move in April 4

Lawyer's Assistant: Family law varies by state. What state are you in?

California

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Sidewalk is torn up in front of apt and has been torn up for 2 weeks.Don't think I can have movers move me in.It's a liability

Submitted: 3 months ago.Category: Family Law
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Answered in 5 minutes by:
3/26/2018
Family Lawyer: Nisha Jones,
 replied 3 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,348
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 3 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 3 months ago
OK
Family Lawyer: Nisha Jones,
 replied 3 months ago

Unfortunately once it's signed, the lease becomes a legally binding contract, and cannot be cancelled without incurring an early termination fee.

This is true even if you haven't yet taken possession of the property.

Your lease itself should stipulate what the early termination fee is. Generally, the early termination fee is equivalent to two month's rent.

There are a few limited circumstances under CA state law that allow for the termination of lease without a penalty, those are:

  • if you've become the victim of domestic violence
  • you are starting active military duty
  • your rental unit does not meet state health and safety codes, or
  • your landlord violates your privacy rights

Unfortunately the situation you've described does not fall under any of those categories.

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 3 months ago
Just want another apt in the community that has a laundry and covered parking,The apt i signed for does not and has torn up sidewalk that needs to be fixed.
Family Lawyer: Nisha Jones,
 replied 3 months ago

Have you tried speaking with the property manager?

Is this a rental through an agency, as opposed to a lease signed with an individual unit owner?

If it's through a company, then they should be able to accommodate your request and switch you to another unit.

If they can't, or if one is not available, then you unfortunately would still be legally bound to the lease as I described above, since these details are typically negotiated or worked out prior to the lease signing.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Family Lawyer: Nisha Jones,
 replied 3 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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