Legal Question in Landlord & Tenant Law in California
Breaking our lease due to burglary
Our apartment was flooded due to negligence of a maintenance worker to shut a water valve.Repairs took a week.Only the apartment maintenance staff failed to get our key back from the construction workers, who the following week, let themselves into our home and burglarized us of over $1,600 worth of stuff.Now, in an effort to justify an over 21% raise in rent, the complex has started major construction.The most invasive being re-piping in which they want access to our home between 8am and 6pm for a period of 2 weeks using the same construction workers.We are not going to be victimized again by our complex, so in an effort to avoid anymore emotional distress, we have found another place to live and are set to move out 4.11.08.Apartment Mgmt is giving us a very hard time, because our lease is technically not up until 4.30.08.We have shown them the police reports, we have really tried to be civil, but they say we will have to pay the full month and early lease penalty.We just want to leave!Do we have a legal right to break our lease 2 weeks early and how to advise the apartment management of this right so they let us move out.
1 Answer from Attorneys
Re: Breaking our lease due to burglary
You have a very unusual problem, to say the least.
If you get to court, a lot would depend on what you can prove in a trial. However, you are likely to get the benefit of the doubt in this situation.
As to your two questions: management is correct about breaking the lease except for your having a "right of quiet enjoyment", which seems to be lacking.
Secondly, I would do one of two things as to management. You are obviously intelligent and erudite, so just write a certified letter telling them what you have in your facts. Or perhaps you would be better served by retaining an attorney to
write management, and see what happens. In my experience, an attorney letter is almost guaranteed to get a response from management.
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