Legal Question in Real Estate Law in California

if a murder is commited in your building...

If a murder occurs in the building you are leasing a unit from, is there anyway to get out of the agreed upon lease? I do not feel safe in the building and want to move, so i want to know if i can get out of it. Thanks for your help.


Asked on 8/29/00, 6:05 pm

1 Answer from Attorneys

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

Re: if a murder is commited in your building...

First, have you discussed your desire to be let out of your lease with the landlord? In today's market, rentals of any kind are scarce, and they might be willing to terminate the lease voluntarily.

I would say the tenant probably cannot terminate, unless the tenant can show that the building is unsafe and therefore not habitable, or that the landlord has actually breached some express or implied covenant to maintain safety, such as failure to employ guards, failure to maintain fences, negligently allowing criminal activity such as drug trafficking, etc.

Winning in a lawsuit is very chancy and would be expensive; by far you best bet is to negotiate with the landlord for a mutually-agreeable solution.

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Answered on 10/03/00, 3:29 pm


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