Legal Question in Landlord & Tenant Law in California

My son is due to move out of his apt on the 31st of Oct. He has already given his 30-day Notice. At 2:15pm today, he got home from work and his apt had been broken into. They took basically everything of value, except for his flat screen tv which is pretty heavy and 1-person alone cannot carry. He is 21, lives alone and is now is fear of staying there another 10days. Can he request from his Landlord to provide him with his return Deposit early since this has happened. He is not comfortably staying in this apt any longer and is going to leave there today. Mind you, the window they broke in from did not lock correctly since it is very old and the Landlord was aware of this.


Asked on 10/21/10, 2:34 pm

1 Answer from Attorneys

If the landlord knew of and failed to repair a known security problem that resulted in loss or damage to a tenant, the landlord is liable for the entire loss. That does not, however, give your son a right to breach the lease. It gives him a remedy in damages.

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Answered on 10/26/10, 5:31 pm


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