Are you able to break an apartment lease if your family no longer fits there?

by **arrigo** » Mon Dec 12, 2011 7:22 am

We live in California. Technically, we're renting a one bedroom, one bathroom apartment. It has an additional teeny tiny little room that isn't even considered a bedroom since it has no closet that we use for our toddler's room. Me, my husband, and my daughter have all barely been able to fit in here for the past 4 months. Now we just found out we're pregnant with twins. There's no way we can fit here when the babies are here, but we signed a year lease that will keep us here until August and the babies are due in April. How can I get out of this lease? Is there any CA law that protects families? It's simply unsafe to have 5 people living in a 1 bedroom apartment. Thanks in advance!

by **blaisdell** » Mon Dec 12, 2011 7:29 am

pay off the lease than leave not landlords fault (i assume) you got pregnant

by **menw** » Mon Dec 12, 2011 7:34 am

No, you cannot get out of this lease without penalties as indicated by the landlord. It is not HIS fault that you became pregnant with twins. Understand that you can EASILY put a pair of twins into these premises until your lease expires.

And no, it is NOT unsafe to have your family in those premises. The new twins are not going to consume much additional room.

by **adin55** » Mon Dec 12, 2011 7:50 am

Just talk to the landlord.
Take pictures of the sonogram and smile.
Just say the words "help, what can we do"
There are some fire-marshall laws that will not allow you to live in that apartment with that many people.
A landlord will help you. Just be friendly and professional about it all.
He might have another location you can move to.

by **baigh** » Mon Dec 12, 2011 8:01 am

NO you signed a legal contract, you can't make your personal problems, your landloards business problems. The landloard did not get you pregnant. There is "NO" law just because you get pregnant, to force the landloard to break the lease.

by **chen12** » Mon Dec 12, 2011 8:03 am

Talk to the landlord IMMEDIATELY. With any luck, considering your circumstances, he'll be willing to let you out of the lease early.

(Oh, and a bedroom isn't required to have a closet. It's just required to have heat and electricity.)

by **patwin87** » Mon Dec 12, 2011 8:07 am

I don't believe you can but ask your landlord and see if he or she will allow you to and what action can you go about doing so

by **troyes** » Mon Dec 12, 2011 8:09 am

You can't break it, but they can. You're in a tricky spot, I can tell you that.

by **cumhea** » Mon Dec 12, 2011 8:11 am

Talk to the landlord. There is no way for you to legally break the lease without penalty. I've personally never heard of a law that protects families in the way you're implying. There are code regulations that protect your safety and by violating them, you could possibly be the one getting evicted.

Talk to your landlord. Not every landlord on the face of the planet is cold-hearted and not understanding. Maybe you can offer to find another tenant, or move into a larger apartment if they have one available.

Bottom line is: It is only unsafe if you make it unsafe. You're either going to need to break the lease or hope the landlord is willing to broker a deal with you. Find out now how much money you might be paying in penalties and start saving.

by **piaras91** » Mon Dec 12, 2011 8:24 am

Newborns don't require their own rooms, and the landlord certainly didn't force you to get pregnant. Your poor planning is no one's fault but your own.

5 people in a one-bedroom is not legal; however, you have 3 people in a two-bedroom, which is perfectly legal. Your newborns are not taken into consideration until they are 6-12 months of age.

At the end of your lease, give proper notice and move. Or, talk to your landlord about what it will cost to break your lease early. He may not want three children in his rental and agree to let you out with little to no penalty. We cannot possibly say.

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