Legal Question in Real Estate Law in California

How to properly end a lease

Hi there,

I will like to thank you first for reading this question that I have.

The situation is as following. I have signed a one year lease, but due to security problems around the premise... robbed by force. I want to end the lease.

I have cleaned out the house already, and is giving all the help I can (showing prospects, putting up for rent sign and even ''screening'' the prospects) for the landlord; however, after one month, after showing 3 quite hopeful prospects, the landlord says that 2 prospects decided not to rent. I personally think it's because of her attitute. Another prospect she is rejecting, because the prospect can not come up with the money, and apparent the landlord is not offering any financing options.

Anyhow, the landlord has came back to me and ask me to put up new signs (the sign was stolen in the process). I wonder if I am still legally responsible for the house? Can I just ignore the landlord and come off free?

I really appreciate any answer or help that you can give or suggest.

Sincerely yours,

Mike


Asked on 10/31/02, 5:18 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How to properly end a lease

There are a few cases saying that failure of a landlord to provide security is a breach of a landlord's duty and the breach affects the implied warranty of habitability. Not all such attempts to assert this as a defense in a suit for breach of lease are successful, even where the tenant has been the victim of crime. The issue is foreseeability and obvious negligence vs. random and unforeseeable or unpreventable incidents.

Only a lawyer that was able to review all the facts in person and probably on site could really advise you accurately, but my hunch is that a court would not allow you to back out of the lease based on this incident.

I think your better course is to continue to try to find a successor tenant to mitigate the potential damages, as you are doing.

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Answered on 10/31/02, 5:50 pm


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