Legal Question in Landlord & Tenant Law in California

We are moving out our home that we rent and i have a question about our situation. We live in an in-law behind a main house, our landlords involved us in multiple domestic violence situations between them through out a week period, and the last one end with me being assaulted with a flower pot, my boyfriend being threatened and us finding out that they have a drug problem.

As a result we no longer felt safe in our home and told them that day which was the 4th of the month that we were only paying a half a months rent and no longer wanted to be in the home and would be out by the 15th. We did have a very basic year lease stating move in/out dates, the amount paid for the deposit and the amount and date of rent due every month, nothing else, they made the lease themselves because we asked for one.

We would like to know if because the lease said nothing about breaking the lease or penalties if we did break the lease, if they had a right not to give us our deposit back?

thanks

AW


Asked on 3/12/11, 5:55 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Assuming that your lease is a month-to-month lease, you could be liable for rent until the 4th of the following month. In a month-to-month lease, you are required to give 30 days notice, and pay rent for that 30 days. If you do not, they may withhold the unpaid rent from your security deposit. That being said, however, you may have a defense to their claim that you owe the rent. You may be able to assert a defense based upon the fear of harm and the actual assault that took place. This, of course, will most likely only be resolved in Court, meaning you will have to sue the landlord when they refuse to return your security deposit. It may be worth 1/2 a month's rent just to be out of harm's way.

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Answered on 3/14/11, 12:24 pm


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