Legal Question in Real Estate Law in California

rental agreements

My daughter and her roomate no longer want to live in their rental property since they no longer feel safe in the house after two separate incidents regarding a man in their back yard and a brake-in were no property was taken.

Are they responsible to comply with the terms of the rental agreement?


Asked on 1/31/09, 8:48 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: rental agreements

The law imposes on an lease of a home that a certain degree of comfort and enjoyment must exist, but what meets and does not meet such a vague requirement is not a cleraly bright line. What was the man doing in their backyard? Is the yard shared with any other tenants? Was he committing any crimes, would the average tenant be afraid of what happened? How close physically to there unit was the break-in? We need much more information, but that still will make it guess work as too whether that is enough to void the lease. How close are they to the end of the lease period and can they find someone who would take over the lease? Has the landlord been informed on what has happened?

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Answered on 1/31/09, 10:17 pm
Daniel Harrison Berger Harrison, APC

Re: rental agreements

It really depends on whether you, as landlord, are responsible for the unfortunate events, and whether those events are sufficient to constitute a constructive eviction or breach of some implied lease warranty. For example, landlords have been held liable for failing to provide adequate security safeguards in some situations.

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Answered on 2/03/09, 1:02 pm


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