Legal Question in Business Law in California

i have a year lease, but my house was broken in too twice. i told the land lord i dont feel safe for my kids and myself. i gave them a 30 day notice to be release from the lease without anything owed and return of my deposit. they accepted my letter but now he dont want to return my deposit. he stating im breaking the lease. i said no you broke the lease when you couldnt provide a safe place to live. im i entitle my deposit back.


Asked on 5/21/10, 9:45 am

3 Answers from Attorneys

Kevin B. Murphy Franchise Foundations, APC

Your attorney question is unfortunately posted in the wrong category - Business Law - and needs to be re-posed in Landlord-Tenant or Real Estate Law. Please re-post or consult with an attorney in your area for specific advise.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/25/10, 10:38 am
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

Based on the little information you have provided, you are probably not entitled to the return of your deposit and, likely, are liable to the landlord for his/her damages from your breach of the lease.

IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.

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Answered on 5/25/10, 10:44 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would agree with Mr. Reich. A landlord is responsible to the tenant to maintain the security that was in place at the outset of the lease, like guard service or outdoor lighting or fences. If the landlord discontinues the guard service, or lets the lighting burn out, or doesn't repair the fence, there has been a reduction of security by the landlord. Absent something like this, the landlord is not an insurance company and is not liable for neighborhood conditions.

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Answered on 5/25/10, 12:19 pm


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