Legal Question in Landlord & Tenant Law in California

living in an unhealthy environment

Last November, my fiance and I moved in with my brother and his girlfriend. Each couple has their own 1 year lease. I am currently 8 months pregnant, and have learned over the past few months that my brother is schizo and bi-polar. he stands outside of my room screaming when im trying to sleep. he threatens my fiance, myself and our dog. He even tried to squish me into a door jam, and hurt me. He has made us so fearful for our own lives, we've had to baracade ourselves in our own room. I'm going to be giving birth soon, and I worry not only about my emotional and physical abuse, but for my daughter's future. As the first few months of her life are the most important. I dont trust my brother to be alone in the same room as my infant, and I'm worried about what he could do to her. Please help me I dont know what to do. We have a place to move and family to take care of us. Even my mother has acknowledged that her own son needs psychological help but will not seek it out. I'm worried the baby could be born too early due to the amount of stress i'm under at home, in addition to working a 40 hour week so late in my pregnancy. Is there any way to break our lease due to the abuse i'm undertaking so that they would have to find subletter?


Asked on 6/03/07, 5:59 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: living in an unhealthy environment

Your question is somewhat unclear. If you are subleasing from your brother and/or his girlfriend, just leave immediately and tell them his behavior has resulted in a constructive eviction of you my his yelling at you, threatening physical and emotional harm, etc. If both couples are renting from a common landlord, tell the landlord what is going on and that you can not live there any longer, ask the landlord to evict your brother for violating your part of the lease [you are entitled to a quiet enjoyment of the premises], or simply leave and ask the landlord to re-rent the place as quickly as possible.

I will finish the answer in a bit.

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Answered on 6/03/07, 9:21 pm
George Shers Law Offices of Georges H. Shers

Re: living in an unhealthy environment

I can not understand why you have put up with this so long, and why your boyfriend has done nothing about it. Get out now. You said you have a place to stay and a family that will help you. Why endanger your own health and that of your unborn child? As a practical matter, the landlord has to mitigate his damages by trying to rent the place out as soon as is reasonably possible, which most judges consider to be a month [although with your brother's behavior it will take longer], so you probably are facing only a month's loss of rent. You should also consider trying to get him put on a 48 hour psyche hold as he needs treatment. With medication, he might be able to lead a relatively normal life. His girlfriend also needs counseling to let him keep on acting that way. Frankly, I think you and your boyfriend also need counseling to put your self and the unborn child through such trauma, and so does your mother to have let you gone to live with your brother and not warn you of his behavior [and how did you not know about his mental problems before]. If you continue to remain in such a dangerous environment, in the future your child could be taken away for its own protection.

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Answered on 6/03/07, 10:00 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: living in an unhealthy environment

I can't add to anything in Mr. Sher's answers. I am not a mental health professional, but all of you (including your mother) have a part in this. Follow Mr. Sher's advice, and good luck.

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Answered on 6/04/07, 12:40 pm


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