Legal Question in Landlord & Tenant Law in California

Lease breaking

We are having several problems with our current apt. complex. We would like to terminate our lease with no costs and no credit issues. Since our move in they have changed the security from ''onsite'' to ''on call''. This has caused increasing late night, loud disturbances. My car has been tampered with and we have not been able to sleep through the night in about 6 months. We have followed ''complaint proceedures'' and not much has been done. I have 2 little girls and their safety is my biggest concern here. We also believe someone has been in our apt when we are not. There are lights on and the doors are unlocked. Another big issue is an accident due to negligence of the office. The incident occured on November 18, 2004. I notified the office and asked to file an accident report. Since then the insurance agency has not contacted me or the injured party. The office will not give me the name of the insurance company and has not taken any further action to get this settled. There is more but these are the major issues. It has caused a lot of stress on me and my family. I am constantly worried for our safety and welfare . Please help!


Asked on 2/27/05, 12:52 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Lease breaking

If you have a lease and you are still within the lease term, breaking the lease may subject you to damages such as non-return of your security deposit. However, if the landlord has breached the lease, you have the right to the return of your deposits provided you comply with all lease terms and terminate your lease as stated in the lease terms.

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Answered on 2/28/05, 3:27 pm


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