Legal Question in Real Estate Law in California

Breaking the lease early

I am being harssed by my neighbor. I dont feel at ease when im at home. How can i break my lease early


Asked on 10/24/07, 2:15 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Breaking the lease early

Harassment by a neighbor is probably not a ground for getting out of a lease, unless your landlord is somehow responsible for the harassment or had a duty to disclose (warn you) that harassment was likely. Such a duty might arise if the landlord knew of the neighbor's propensity to do whatever he or she is doing that you consider harassment.

Otherwise, "breaking" your lease is probably going to be a breach of contract. In that case, you will be liable for the unpaid rent, subject however to the limitation that the landlord cannot recover rent that he or she could have gotten from a new tenant if he or she had made reasonable efforts to find such a substitute tenant.

I don't think the landlord's obligation to give you the "quiet enjoyment" of the leased premises includes an obligation or warranty with respect to harassment by third parties unless the harassment has to do with the third party is claiming a superior right to possession of the leased property.

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Answered on 10/24/07, 4:23 pm


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