Legal Question in Real Estate Law in California

Re: Tenant/Landlord Question

I'd avoid making any false claims of anything in making any filing with a court. At some point in making a request for a domestic violence order, you will be signing something under penalty of perjury. Perjury is a misdemeanor. If caught, your record will forever reflect a crime of moral turpitude and you'll have a harder time getting a decent job, a decent loan, etc.

It's better to realize that a lease is a contract, that "breaking" a lease means breaching a contract, and the non-breaching party has rights and expectations that can be enforced.

Also, remember that the security deposit is there to protect the landlord against nonpayment or underpayment. The lease probably requires the deposit to be replenished if it has to be drawn down to cover an underpayment.

You can minimize your exposure to damage claims by notifying the landlord in writing of your intent to move out and stop paying on the lease; when the keys are returned the landlord cannot obtain any greater damages that he/she/it would have sustained upon making a bona fide attempt to find a new tenant. This is sometimes referred to as a "duty to mitigate damages," but it is not really a duty, it is more of a policy of the courts that limits damages that can be claimed.

Re: Tenant/Landlord Question

Thanks to the California Legislature, as of Jan. 1 anybody can get out of a lease if they claim they are a Victim. Just take out a domestic violence restraining order against somebody and, presto.