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  1. #1
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    Aug 2015
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    Default Can You Recover Your Deposit if You Break a Lease Because Your Landlord Harasses You

    My question involves small claims court in the state of: california i recently had to move out of a room i was renting in a home with a month to month lease and was constantly sexually harrassed and there were unfit living conditions as in the main tenant that is on the lease yelling to the exstent of being a sociopath i have text messages of the harrasment and audio of the screaming. He will not give me my deposit back because i didnt give 30 days notice before moving out but had to because of those conditions. The deposit was only $250 but i want it back its my hard earned money

  2. #2
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    Oct 2014
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    Default Re: Can I Win This Small Claims Court Case

    Quote Quoting Jbrady5.0
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    My question involves small claims court in the state of: california i recently had to move out of a room i was renting in a home with a month to month lease and was constantly sexually harrassed and there were unfit living conditions as in the main tenant that is on the lease yelling to the exstent of being a sociopath i have text messages of the harrasment and audio of the screaming. He will not give me my deposit back because i didnt give 30 days notice before moving out but had to because of those conditions. The deposit was only $250 but i want it back its my hard earned money

    Anyone?
    So you were renting the room from the “main tenant”? And it was this main tenant who you claim sexually harassed you and made living there unpleasant? In general, having the other tenant of the place being really unpleasant to live with does not amount to unfit living conditions and would not excuse terminating your tenancy without the required 30 day notice. That said, however, California tends to be more tenant friendly than most states and perhaps you’ll find a sympathetic judge if you go to small claims over this. No way anyone here can really predict the outcome since we have not seen the evidence that each side will present to the judge.

  3. #3
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    Default Re: Can You Recover Your Deposit if You Break a Lease Because Your Landlord Harasses

    First, a landlord in California is required to follow steps outlined by statute at the conclusion of a tenancy, in relation to a tenant's security deposit. See Civil Code Sec. 1950.5(g). I am skeptical that your landlord followed proper procedure to retain the security deposit, creating the opportunity for you to sue for its return no matter what his basis for retaining money. See Granberry v. Islay Investments (1995) 9 Cal.4th 738, 38 Cal.Rptr.2d 650, 889 P.2d 970.
    Quote Quoting Jbrady5.0
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    ...was constantly sexually harrassed...
    California allows a tenant to bring an action against a landlord for sexual harassment, provided:

    (a) The landlord made sexual advances, solicitations, sexual requests, demands for sexual compliance by the tenant, or engaged in other verbal, visual, or physical conduct of a sexual nature or of a hostile nature based on gender, that were unwelcome and pervasive or severe;

    (b) The tenant was not able to easily terminate the relationship; and

    (c) The tenant suffered (or will suffer) economic loss or disadvantage or personal injury, including, but not limited to, emotional distress as a result of the harassment.

    See Civil Code, Sec. 51.9. That is not a provision that allows you to break your lease, but it is a provision that could allow for a counterclaim should the matter go to court, depending on the full facts.

    Although it's more of a stretch, there's also potential to sue a landlord for intentional infliction of mental distress, by proving:

    (1) extreme and outrageous conduct by the landlord with the intention of causing, or reckless disregard of the probability of causing, emotional distress;

    (2) the tenant's suffering severe or extreme emotional distress; and

    (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct.
    See Agarwal v. Johnson (1979) 25 Cal.3d 932, 160 Cal. Rptr. 141, 603 P.2d 58.

    So if you were to sue your landlord for the return of the deposit, you could make additional claims that would potentially give the court the ability to award you additional damages on top of the deposit or instead of the deposit (if the court found that the landlord was entitled to retain it).
    Quote Quoting Jbrady5.0
    ...and there were unfit living conditions as in the main tenant that is on the lease yelling to the exstent of being a sociopath....
    The only thing "unfit" about the "living conditions" was the yelling? The concept of unsafe living conditions relates to the condition of the premises, not to whether or not you argue with a roommate. You seem to be stating that there are habitability issues.

    California law does provide for a tenant to vacate premises based upon acts of domestic violence or stalking. The statute is written in relation to conduct by parties other by the landlord, but the statute does not require that the person who is the subject of the tenant's accusation be somebody other than the landlord. The catch is, the tenant must follow proper procedure to terminate the tenancy, providing proper written notice supported by a copy of a police report, protective order, or adequate third party documentation of the tenant's report of the problem and attempts to get assistance. See Civil Code, Sec. 1946.7 for the details. Here, it does not appear that you have reported your landlord's conduct to anybody.

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