Legal Question in Real Estate Law in California

Apartment Lease

My garage got broken into and things were stolen. My apartment has failed to do anything and when we moved they said that they had security and camera's. Can I break a lease because of criminal activity such as this?


Asked on 3/03/07, 5:45 pm

1 Answer from Attorneys

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

Re: Apartment Lease

If they said they had security and cameras when you moved in, and they didn't have them at all, or if they took them out prior to the break-in, and the absence of the security and cameras was arguably at least in part responsible for the break-in, there is some legal precedent for the landlord being liable to you for negligence, and for these same facts being a breach of the lease on the part of the landlord sufficient to justify your terminating the lease and moving out. However, especially if there is a deposit involved, you can expect some argument and some problems. Whether it is wise to move out based on this theory that the landlord has broken the lease is an issue that depends upon your taste for asserting your rights and your willingness to tangle with a landlord that probably has more financial and legal resources then you have. So, you may be technically right but lack the means practically and effectively to enforce your rights.

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Answered on 3/03/07, 9:08 pm


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