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Can You Break a Lease Due to Illegal Activity

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  • 11-18-2010, 05:04 PM
    MrFlanagan
    Can You Break a Lease Due to Illegal Activity
    My question involves landlord-tenant law in the State of: California

    I am currently trying to break a lease in California. My legal reason for vacating early is illegal activity on the premises, specifically frequent drug use in and around the premises as well as gang graffiti in the building.

    How do I proceed with this? I do not feel comfortable filing complaints with my landlord about it for fear of reprisal.
  • 11-20-2010, 10:15 AM
    Mr. Knowitall
    Re: Can You Break a Lease Due to Illegal Activity
    It isn't clear that the behavior at issue is something for which your landlord bears any responsibility, or would in any way relieve you from your obligations under your lease. Further, even if we assume your landlord could do something, if you can't be bothered to even ask him to try it pretty much destroys any claim you might have to get out of the lease. Your landlord isn't a psychic.
  • 11-20-2010, 10:10 PM
    MrFlanagan
    Re: Can You Break a Lease Due to Illegal Activity
    Quote:

    Quoting Mr. Knowitall
    View Post
    It isn't clear that the behavior at issue is something for which your landlord bears any responsibility, or would in any way relieve you from your obligations under your lease. Further, even if we assume your landlord could do something, if you can't be bothered to even ask him to try it pretty much destroys any claim you might have to get out of the lease. Your landlord isn't a psychic.

    The part about asking him seems fair. I am drafting a letter regarding this and other issues.

    How would flagrant and repeated drug use in common areas of the apartment building not be a habitability issue? It's not people doing drugs in their apartment and it's not "people." It's tenants and their guests in a common, semi-public area.

    There are other habitability issues under Civil Code §1941.1, but I am particularly interested in how to tackle this one.
  • 11-21-2010, 05:59 AM
    cyjeff
    Re: Can You Break a Lease Due to Illegal Activity
    When you called the police to report the drug use, what happened?
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