Legal Question in Landlord & Tenant Law in California

My roommate is verbally abusive and refuses to release me from the lease. She refuses any replacements. I have approval from the landlord to leave. If I leave, will she be able to win in small claims court for the rest of the lease money?

Asked on 10/01/13, 1:34 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

Leases can be broken, happens all the time. If it is an abusive situation get out. The only thing that your liable for is damages... Your roommate would need to mitigate the damages by seeking new roommate. You probably won't have to pay the entire lease amount no matter what roommate threatens... Once your out wait and see. You may be able to settle. If she goes to court the abusive nature will come out and the court may find it was a justifiable reason to break the lease without penalty...maybe a letter telling roommate that you are breaking lease and why it is justified may get her threats to cease.

I am sure that a letter or two would not be expensive. Let me know if I can help

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Answered on 10/01/13, 5:13 pm

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