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Is this a legal reason to break a lease? (California)?


I'm currently in a six month lease with a roommate that I'm stuck in till April. She brought up that she didn't want to live with me anymore because I was never home on Saturday. I agreed with her. After I agreed she went completely psycho saying that there was no way she would sign a release to get me out of the lease and she wouldn't leave so i could get a new roommate. There has been bverbal harassment and she assualted and battered me. She refused to let me leave the apt and finally put her hand on me threw me out and hit me.. which i called the cops and they didn't do anything. The next night I came home and she had been in my room.. removed the cable box and threw my stuff around.. called the cops..again nothing. I left messages for my landlord for both of these events. He is out of the office till tomorrow. I want to give him legal reason for why he cant force me to say in the lease. ANY HELP??

I'm surprised the police did nothing if you told them you had been assaulted. Did they offer to arrest her? Or did they just treat it as a domestic dispute?

First of all, get out. You're in danger. Deal with the legal stuff later. If you have a good relationship with your landlord, he may allow you to break the lease.

I think you should leave PRONTO. This person you are living with sounds like a real wacko and you need to remove yourself from the apartment. Leave when she is at work or gone out.

The reason the cops didn't do anything about her going into your room and throwing your stuff around is because she is on the lease and has every right to be in the apartment. That is terrible but true. She can even take what belongs to you and nothing can be done about it. You have to decide for yourself what is the best course of action. If she is physically violent with you then you need to leave. And no on can make you stay there.

I would get my stuff and get out!

If worse comes to worse and you can't move out, pay for the remaining time and get out for your own sanity and safety.

She didn't want to be your roommate cause you're not home on Saturdays? What a nutbar.

My advice to you is to forget about the lease and press charges against her for assault and battery. You might also be able to slip something in there about property damage and vandalism. I would also tell your landlord and tell them that you need to either be let out of the lease, or they need to evict her. I think they would rather kick her out if she's causing trouble like that.

Why does it matter you where home on Saturday? Call Fair Housing for the county you live in. They know all the laws and loop holes to get you the **** outta dodge!!!

an order of protection would work in this case. You have police reports to provide as evidence in the event of a hearing. if she hits you again use a camera to photograph any marks she may have caused

Unfortunately, your problem with your roommate is not a legal reason to break your agreement with your landlord.

You can give both your landlord and your roommate notice that you are leaving and then do it. If your roommate wants to stay in the place, she will have to pay the full rent or be evicted. If she is evicted, the landlord will want the money from both of you. In a case against you by the landlord, you tell the court your story--that you were forced to move by the threat of violence--and that your roommate should "indemnify" you and pay the landlord herself.

If you move and your roommate gets another roommate and keeps up the rent payments until the lease expires, you should be in the clear, unless the place is damaged by your roomie. Take pictures of everything before you leave.

If you move and your roommate sues you--tell your story to the judge and hope that the judge agrees that you had no choice but to leave.

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