Legal Question in Real Estate Law in California
Apt robbed, must break lease!
My apartment was robbed last night when no one was home. They took everything but our beds and large furniture. Two other roomates and I signed a year lease up in Feb, but since we were robbed, we want out NOW. We fear for our safety. We've only got a couple of months left there. What are our rights? How do we go about it?
1 Answer from Attorneys
Re: Apt robbed, must break lease!
What you described is technically burglary, not robbery. Probably not a basis for 'breaking' a lease. In order to use crime as a reason for breaking a lease, you have the burden of showing either that (1) the landlord has breached some obligation to provide security, or (2) the premises are such a crime risk that they are untenantable.
If you intuitively feel that you could prove one or the other, it might be worth your while to discuss your case with a tenants' rights agency or group in or near your community.
There is a small but growing body of case law on crime on the premises as a basis for holding a landlord in breach....many of the cases were won by the landlords but not always, and if the facts are strongly in your favor you might prevail, but the case should be assessed by local attorneys who can look at the situation 'on the ground.'
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
