Legal Question in Landlord & Tenant Law in California

I have lived in my apartment complex for a little over a year now. My lease ended and we were given the opportunity to renew our lease and they even begged for us to stay because they wanted tenants like us to stay. When we first moved in my husbands car was seriously vandalized and he had put cameras up right away because the complex did not have cameras. We had not had any other incendents crime wise since. We did have issues with roaches in which WE took care of because the managment wouldn't. These are non-smoking units and the people behind us smoke in their unit so much it fills our unit, and i have a igh risked pregnancy and two 4-year olds. We even have been harassed by the maitanance guy. We were considering their offer to move into a bigger different unit... Until another resident had tried to break into my apartment while i was home. I notified management and even helped them with a police report.The follow two weeks after this resident had been stalking me and my apartment. We can not leave our apartment unattended... We even have to have family come and stay in the apartment if my husband and I have to go somewhere together. Then one night i was out on my balcony on the phone. Heard a commotion, stood up and it was that resident. He saw me and started coming after me shouting obsenties. My husband came out and stopped him but the resident was threatening us, trying to hurt me and my husband and threatening our lives. He has even made several shooting gestures towards our place in the three weeks after the break-in inccident. All of this we have recorded on a dvr. To top it off, this man is not on the lease and not a legal resident here, his girlfriend is... Which is a whole other story on its own. I have notified managemnt of everything that has happened, the stalking, harassement, break-in and threats. They have not done anything about it. The next morning after the threats i went straight to the office and told them that we would not be renewing our lease and will be out by the first. This was the 21st and they gave me paperwork to fill out. I explained it was due to all that is going on and nothing being done and i was going to put my family in jepaordy. They said i am still responsible for the rent for the following month. I know i have read somwhere that i do not legally have to pay for the 30 days when i am harassed, victum of violence/criminal activity and so forth. Am i still responsible even though they have failed to keep their residents protected and have continue with the problens until we leave? Do i still have to pay for the following months rent even if though i dont have a lease anymore? Please give me more details on my legal rights.


Asked on 3/28/13, 10:11 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

You have to read your lease agreement as it relates to notice requirements as well as lease termination clause. Since the lease is ending and you told them that you are not renewing and will vacate, I do not think you will owe the following months payment. Should the landlord withhold your security deposit after you move out, take them to small claims court. Lastly, I recommend you move anyway even if you may end up losing your one month's rent due to safety concern.

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Answered on 3/29/13, 10:39 am


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