Legal Question in Landlord & Tenant Law in California

You can always break a lease, but danger lies in the other party suing you for damages (that is, the lost money and other incidentals). The other party must take steps to reduce the damage incurred as a result of your breach, but they can sue for the entire amount due for the lease period. If your lease is one year, you will face liability for the remaining months, in your case at least 8 months of rent.

To avoid paying the LL's damages, you must have good grounds to break the lease. In your case it would involve whether the landlord misrepresented to you the quality of the neighborhood. A representation of the neighborhood would be anything the LL said or told you in response to your inquiries, or anything the LL offered in order to induce you to sign the lease relating to the quality of the neighborhood that turned out to be false.

You should try to negotiate with the LL to resolve the matter and gain their consent to rescind the lease agreement. If all else fails, remember that your safety is the chief concern. I would not advise that you relocate and take your chances in court if the LL sues, but I would consider whether your health and safety are seriously threatened enough to risk a lawsuit. Good Luck.

Try and ask really nicely, and ask the LL to have a heart for your safety concern regarding your kid. If not, have an attorney, myself or someone else you trust, write a letter, giving proper notice of your move out and the reason. Your grounds will be that the LL misrepresented the neighborhood's safety. Let me know if you need help.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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