Legal Question in Real Estate Law in California

My landlord broke my lease by letting my roommate off the lease without my consent even though they knew he (we always paid half individually and I had paid my portion in its entirety) owed a balance for rent. By letting him off the lease, they said I alone was now responsible for the balance along with late charges. If I felt my roommate owed me money I would have to sue my roommate. They gave me a three day pay or quit notice and I was forced to pay what he owed though I did it with a letter of protest indicating I was not dropping my dispute. They said he was let off the lease using California Civil Code 1946.7 and they didn't need my consent because my roommate said he was the victim of domestic violence. There was never domestic violence but my landlord did not follow the procedure in obtaining a copy of the police report which the law states; otherwise they would have seen they had false information. I have attempted to settle the dispute by recouping the money they forced me to pay but they declined. Initially they said have never seen the report though they didn't need to. Instead of an actual copy of the report they merely needed a report number of a domestic violence case. I told them the report was not domestic violence and their legal advisor said if the report stated it wasn't domestic violence then things would change but until they see otherwise they would assume they have a proper case. When I showed them the actual report indicated it was not domestic violence, they said it still didn't matter. Now they will not call me back or respond to my messages anymore. What can I do to get my money back and do I still need to pay rent?


Asked on 1/03/11, 7:48 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I have read your question carefully, and reviewed CC 1946.7 as well. It covers sexual assault and stalking as well as domestic violence. I suggest paying the full rent and, if after careful review of your facts you still believe you're right, then take the matter before a small-claims judge. That will get a response from them.

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Answered on 1/13/11, 6:20 pm


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