Legal Question in Landlord & Tenant Law in California

Re: Failure of landlord to comply with lease

In general, a tenant whose landlord has breached a duty (assuming providing the security is a duty imposed by the lease or representations of the landlord) can move out under a theory of constructive eviction, if the landlord was responsible for the situation causing the tenant. This depends on the facts of case and may not be applicable here, as it is generally applied in situations where there is, for example, unbearable noise, dust, etc., from construction being performed by the landlord.

Sometimes, fixing the problem and then withholding the amount of rent expended to fix the problem is an option, but usually only for repairs needed to make the premises livable. Security gates would likely not fall into that category.

At this point, you should be documenting each and every request to the landlord, his responses and any action taken by the landlord to fix the problem. If your entering into the lease was based in large part on the advertising, the representations and the belief that there would be security, you consider this a material breach of the lease by the landlord and consider moving.

What you can do depends in large part on the provisions of your particular lease, so you should immediately consult with an attorney who can review the lease.

A letter from an attorney, laying out your position, may be a good investment if you want to stay, in which case it may alert the landlord to the seriousness of the problem, or even if you plan to leave, so that the landlord will be apprised as to the reason for your departure.