Legal Question in Civil Litigation in California
Living conditions
Hello . I have a serious problem on my hands. I am living with a person who has been abusive towards me. As a result there was a restraining order that was charged againstg this person iin regards to me as a the victim. The judge ordered that the person could not come within 100 of me at the place at the arrest. The problem is that I live with the person and wh share the apartment unit as leasholders. In addition, when the judge learned that we lived in the same unit he ordered that when the other person was at the unit I could not be there and vice versa. One side not, this person is my ex-girlfriend and she is making my life a lving hell. My question is that am I obligated to pay rent to the mamgers of the complex on this case? The problem is that if I dont pay my half of the rent, both of us wil get evicted and will have an eviction on our records, and I wilhave to prove my case in cout. I have showed documentation to the manager's office, the police report and the restrainingorder and they still did not let me out of the leasing agreement. I think that i shouldnt have to pay rent for a place that I cant even reside nor feel comfortable to reside, as if my ex is there I cant stay there. I will need help.
1 Answer from Attorneys
Re: Living conditions
The managers have not breached their contract with you and do not have to let you out of it. They also never agreed to rent the apartment to your ex by herself (maybe her income or credit history would have disqualified her) and can't be forced to do so just because you and she have had some serious personal problems.
If you and your ex both move out they will have to try to find new tenants but can make the two of you pay rent for the time the unit sits empty and reimburse them for the cost of marketing it.
I'm not sure what recourse you have if you leave but she decides to stay. If she damages the apartment or falls behind in her rent, you and she will probably be jointly liable for the resulting losses.
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