Is it legal for a tenant to breach a lease when she filed restraint order against her partner?

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Is it legal for a tenant to breach a lease when she filed restraint order against her partner?

My tenant told me that she has a right to breach the lease because she just filed restraint order against her partner. Her lease will end in 8 months. I wonder if she has that right. Also, she didn’t pay rent for the last month that she was here. Even though she left, her belongings is still at my premises. She damaged the house that I have to use her deposit for repair and clean.I can’t contact her. What I should do.

Asked on May 15, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think that you should start a formal eviction against her seeking the property back and the money for the rent.  You can also sue for breach of contract.  Seek legal help to do this.  You need to serve various notices properly in order to have the proceeding stand up in court.  If her reasoning is valid - and I have to agree with you that it is not - then she can raise it as a defense against the eviction. Let the court decide.  Good luck.


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