Legal Question in Landlord & Tenant Law in California

Re: Attacked in the Apartment

Technically a tenant is liable for the entire sum of rent covered by the lease, but the landlord is also required to use reasonable actions to reduce his damages. So the landlord would have to clean the apartment as soon as possible and then put it up for rent. Most judges would probably find that one month after the landlord knew you had left would be the amount of time it would be expected the apartment would remain vacant. Beyond that time, the landlord would have to show that there was something unusal about the apartment that made a longer period of vacancy reasonable.

Did the landlord have any responsibility for the attack on your cousin [I hope they are okay now]? Is it a high crime area,was it a known dangerous person living in the same building where your apartment was, was there a failure of some security devise that let the person into the building, etc? If so, then your leaving might be considered a constructive evict [you were forced to leave] and you would have no liability for any rent after you left and gave the landlord notice? I would need to know the circumstances of the attack to comment further.

Has your cousin considered suing the attacker for damages,one of which might be any additional rent you have to pay? If the attacker was a minor, their parents are legally liable for up to $15,000 or $25,000 [I think it is the higher amount]for the intentional act of their child. If the landlord had any responsibility for the attack, he also could be sued.

I would suggest you write the landlord giving the reasons you left and incorporating anything of the above that applies. Point out that he would have to sue you in Small Claims Court [if you have nothing but a relatively small salary, then you can also point out that you are judgment proof so he can not collect on any judgment against you]. He is also required by California law to have notified you within 21 days of knowing you had left of why he kept any sums and did not return them to you; if he failed to do so, then he may owe you money, but he owns the building so he is not judgment proof.

If your City has any rent control laws you should check with the administrator of that system if you are given any additional protection. If you have any questions on my advice that I can answer quickly, you can e-mail me at [email protected]

George Shers

Re: Attacked in the Apartment

I have read the other answer here, and totally concur. I would add that any correspondence between you and the landlord should be in writing, certified mail, and you should keep a copy.