Legal Question in Real Estate Law in California

I am a single mother of a 3yr. old daughter. We moved into an apt. After moving in I found a web sight that lets you know if there are any sex offenders in your area. Well I found out that my next door neighbor is a child molester with a child under 14 yrs. I expressed my concern to my landlord, but no respond. Now I don't feel safe and want to move, but this means breaking my lease. Can I be held liable for my lease for moving out early,due to these circumstances?


Asked on 11/04/09, 4:14 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Your lease, or a separate notice should have advised you of your right to check the Megan's Law database before you signed the lease. Check your lease and everything they gave you. If they did not give you the notice, it might - might be grounds to break your lease. If they gave you the notice, then you are probably stuck with the terrible decision to either break the lease and get sued, or stay and expose your daughter to potential harm. Two suggestions - first, see if your landlord will let you break the lease early if you can help him find a new tenant. Sometimes if he loses no rent, he won't frankly care. Second, it sounds like you have done this, but make sure you fully understand why this guy is on the database, and what he did. Sometimes people are on that database that pose absolutely no risk to children. If that's the case, then you may not have grounds to terminate the lease.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/09/09, 5:18 pm


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