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van_elm, Other/Just Looking in Riverside, CA

Can we break our lease to a house that has been given a Notice of Code violations due building permit for 3bdrms?

Asked by van_elm, Riverside, CA Thu Jul 11, 2013

My son and friends are going to school and have a yearly lease of a 5 bedroom house, but an inspector has now placed a notice on the property due to building permit of 3 bedroom and there are 5 bedrooms in the home. There is now an order to cease and desist to the Owner. Can my son and his friends break the yearly lease and can they get their security deposit back?

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There's a lot going on here. To break a lease usually falls back on a habitability issue. Just because there are 2 extra bedrooms doesn't necessarily make for a non-habitable situation. However, it the inspector requires the removal of 2 of the bedrooms, then there's a problem. I'd have your son talk to the owner and explain they didn't know of the violation and don't intend to stay. See what he/she says. The security deposit is the tenant's money until they (the owner) proves that due to the tenant's actions the owner incurred some expense to restore the property to its condition prior to the tenancy.
0 votes Thank Flag Link Fri Jul 12, 2013
You might want to review the terms of the lease, go go to findlaw.com and read about landlord/tenant law in CA, and then talk with the landlord.
0 votes Thank Flag Link Fri Jul 12, 2013
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