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Real Estate Law (esp. Landlord-Tenant)/Breaking the lease to accommodate relatives coming in from a foreign country


I need some legal advice because I just received a letter from my landlord stating to me that she is breaking our lease to let relative to move in from another country. She was giving us a month to move out. But my situation now is that I recovering from a fractured foot and will be returning to work asap.

I need to know if this is even legal and also am i wondering if i should pay her rent for next month. Even though she has our security deposit. Should she give it to us before of after we move out? Should I send her a letter stating that it will be a problem and a nuisance for us to move on such short notice? Should i suggest she let us live here for free until we move or not pay rent for 30-60 days. Even provide us with help with the moving expenses?  

I need some advice

Hi Diana,

I changed this question to "public." I volunteer time on this site to benefit the public rather than an individual.

You did not specify which state you're in. Each state is different and you should check your local landlord/tenant laws. Generally, neither side can break an existing lease. If the lease has converted to a month-to-month, then typically either side can terminate by giving proper notice. Some jurisdictions have rent-control laws that place limits on evicting tenants. Your lease may also include language on what happens if one sides breaches the agreement. Therefore, you will also want to read your lease.

Thanks for your question.

David Piotrowski
Attorney at Law

*No Attorney/Client Relationship and No Legal Advice -

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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