Legal Question in Landlord & Tenant Law in California

CA-Breaking a Lease due to Safety Issues

I have a year long lease in CA but over the past year I have had some serious security issues including 2 of our cars being keyed twice, an attempted robbery where the robbers left plastic handcuffs and their tools, drunk people pounding on our door at midnight, a Peeping Tom in our backyard whom I saw in action, a drug deal going on at the apartment pool, our backyard gate being ripped off of the hinges, people trespassing in our backyard, people knocking on our windows and pounding on our door at 3am, firecrackers being placed on our front porch, and someone lighting a piece of paper on our door on fire, including many other incidents. We have called the police on 3 separate occasions but do not have documentation for many of the other incidents. Do we have any legal way to get out of this lease? We told the property manager about the Peeping Tom, and she suggested we were asking for it by having expensive cars outside our home. She did not remedy anything. We are 3 female college students so we can't afford a extensive legal battle but we feel incredibly unsafe and targeted. Is there any options available to us? We still have 7 months left on our lease.


Asked on 2/02/09, 5:43 am

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Re: CA-Breaking a Lease due to Safety Issues

I believe I understand your situation. The three of you should chip in and have me write a letter to the landlord letting her know specific steps that must be taken. By having an attorney write a letter, we put the burden and liability on her to act, or further risk being responsible under the law, which she may already be. If she does not act, then you have an additional basis for leaving and have tried your best to mitigate damages. If the situation is un-remedy-able, then I can take a look at your situation, and write a letter to the landlord letting her know that you are vacating and why. I will make clear that she has a duty to mitigate by finding other tenants. I will also make clear, that she breached her duty to provide you with a safe residence, and if she tries to sue you for lost rent, you will countersue for damages that may be higher. If she is smart she will leave you alone, because your damages may be much higher. Do not try to do this on your own because the law in this area can have hidden unintended consequences sometimes, kind of like a mine field.

I know what it is like to be in college, and am happy to help. Just contact my office.

Best,

Daniel Bakondi, Esq.

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Answered on 2/02/09, 1:12 pm


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