Legal Question in Landlord & Tenant Law in California

How do I break a lease after 2 attempted burglarys?

On two separate occasions (within the last 3 weeks) someone has attempted to break into my 2nd story bedroom window. I have called the police and made the appropriate reports. The Sheriff's office believes I have a pervert/stalker who is noticing what nights I am by myself and what nights my brother stays with me (this has only happened when my brother was not at my house). I am young female - who lives alone - and am VERY worried about my health and saftey (and rightfully so). Can I break my lease with out suffering monetary damages? I have 2 months left until my lease is up, and I can't afford to pay rent at two apartments - but for my own welfare, I refuse to stay at my apartment by myself.


Asked on 11/09/05, 5:32 pm

2 Answers from Attorneys
Randy Schlosser Law Office of RM Schlosser

Re: How do I break a lease after 2 attempted burglarys?

You cannot break a fixed-term lease without a material breach of contract. Some may tell you that you can give 30 days written notice, but htis is incorrect. Show the landlord your problem and police reports. If you allow access to the apartment to show it to new tenants they will probably allow you off the lease once it is re-rented, although they have no obligation to do that.

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Answered on 11/10/05, 3:11 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: How do I break a lease after 2 attempted burglarys?

I'm sorry for your fear and apprehension. If you have two month's left on the lease, you're better off staying, because you'd have to give 30 days notice that you're leaving and that would leave you with only a month left. I suggest you give notice that you are leaving when the lease is up (in two months) and look for another apartment. It would be nice if you could set up a bright light to shine outside your window at night to illuminate the area. At least get a friend to spend the nights with you. Also Make sure to double-check the locks on your window and put a broom handle in there as well. Additionally, see if you can tape a personal alarm to the window and the wall, so that if the window is opened, it will pull the pin and sound a shrieking alarm. Good Luck.

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Answered on 11/09/05, 6:27 pm


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