Legal Question in Landlord & Tenant Law in California
Hello,
I signed a strict one year lease agreement for an apartment in San Diego, CA. I live in a four unit, double duplex building. my neighbor from upstairs just informed me that, a month prior to my move in, there was two people murdered in the apartment next to mine. Knowing this i would have never signed a lease agreement, of fear of crimes, and gangs. Is this horrifying crime sufficient reason to void or break a lease?
Thank You for your help.
2 Answers from Attorneys
The law of disclosures regarding deaths in homes is not very clear, and generally is decided on a case-by-case basis. A double homicide would be a pretty good circumstance for a mandatory disclosure, but not a slam dunk. Many murders are not related to crime in general, being one-shot deals (pardon the pun) involving only the relationships between the killers and victims. That is likely to be the landlord's argument. Your best bet is to let your lanlord know that his failure to disclose matters that "materially affect the value and desireability of the rental property" entitle you to break the lease, and then offer to assist him in finding a new tenant and agree to stay for some reasonable time for him to find one. Tell him if he will not work with you, he will leave you no choice but to break the lease and file an action for declaratory relief and damages.
Unfortunately you are out of luck. California Civil Code Section 1710.2 Only requires disclosure if the death occurred in the actual unit that you are renting. If you really want to breach your agreement, you should review your rental agreement to see if there a termination clause. Alternatively, you can amicably communicate your concerns with the landlord and hope that you will be release from the agreement without a problem. Goodluck.