Legal Question in Real Estate Law in California

Breaking a Lease Agreement

I am a single mother of 4. Another resident was apparently stalking me. My apartment was broken into 3 known times. One time I caught the resident in my home when returning from work. Police did get called. The apartment Manager is not evicting him. I asked to Break my lease and move because I felt my children and I were in danger. The leasing manager said no. Is numerous break ins grounds to be able to terminate a lease?


Asked on 11/09/01, 11:32 am

3 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Breaking a Lease Agreement

Under those circumstances I would think you could. Have it well documented.

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Answered on 11/09/01, 2:02 pm
Larry Rothman Larry Rothman & Associates

Re: Breaking a Lease Agreement

I THINK YOU MAY BE ABLE TO BREAK THE LEASE. PLEASE FAX ME AT 714 363-0229 THE LEASE ANY ANY OTHER LETTERS OR DOCUMENTATION YOU MIGHT HAVE. I WILL CONSULT WITH YOU AT NO CHARGE.

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Answered on 11/17/01, 8:14 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Breaking a Lease Agreement

Yes. You are entitled to quiet enjoyment of your apartment. If you can show that the other resident did break into your apartment, and the landlord is doing nothing, you may leave. It is known as a "constructive eviction" on the part of the landlord.

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Answered on 11/13/01, 3:30 pm


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