If we are having a baby and there will be 5 people living in a 1000 square foot apartment, canI get out of the lease?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we are having a baby and there will be 5 people living in a 1000 square foot apartment, canI get out of the lease?

My wife and I currently share a 2 bedroom apartment with another couple. We are expecting our first child before the lease is up. Is it legal for 4 adults and a baby to live in a 2 bedroom apartment?

Asked on February 2, 2012 under Real Estate Law, California

Answers:

Glenn M. Lyon, Esq. / MacGregor Lyon, LLC.

Answered 9 years ago | Contributor

Not legally, no, unless the lease allows you to.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be exceeding the occupancy code, in which case you need to discuss the possibility of being let out of your lease. Most likely the landlord will try to make you stay but the best thing to do is see if you can surrender your portion of the lease or help find new roommates for the other tenants so you don't have to pay much in the way of early move out.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption