california tenant lease breaking-the-lease
Can you break a lease because the landlord refuses to evict another tenant who physically threatens the leaseholder?
<p>Suppose a tenant has a neighbor who has taken it upon themselves to verbally threaten and harass said tenant.</p>
<p>Due to the inherent risk of engaging with the neighbor, the tenant contacts their landlord to inform them of the situation and request their assistance. The landlord either opts not to assist, or the assistance is ineffectual and the threats escalate to death threats.</p>
<p>After a few months of this harassment, which progresses further to property damage, the tenants escalate the issue to the police who eventually arrest the unruly neighbor. Unfortunately, the neighbor cannot be held long-term as said neighbor makes bail. Upon recognizing this, the police advise the tenant that it is likely not safe for the tenants to remain in their home.</p>
<p>Due to this escalating threat, the tenant moves into a hotel after advising their landlord of the situation. Said landlord informs them that they are still liable for the rent.</p>
<p>Given the costs of the hotel plus rent aren't feasible, can the tenant elect to break their lease, and if so, how would they do so with minimal impact to their credit?</p>

<p><a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&amp;sectionNum=1946.7" rel="noreferrer">California Civil Code 1946.7(a)</a> says that</p>
<blockquote>
<p>A tenant may notify the landlord that the tenant intends to terminate
the tenancy if the tenant, a household member, or an immediate family
member was the victim of an act that constitutes any of the
following... (3) Stalking as defined in <a href="https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&amp;sectionNum=1708.7." rel="noreferrer">Section 1708.7</a></p>
</blockquote>
<p>and stalking is &quot;a pattern of conduct the intent of which was to follow, alarm, place under surveillance, or harass the plaintiff&quot;, with various other conditions also being applicable. It is not sufficient to just allege such harassment, you must attach documentation in the notice to landlord. This means that you must first serve proper notice to terminate the tenancy – you can't just walk away. There has to be some qualified third-party documentation, such as a written police report. It is not required that the victim actually sue and win a case against an alleged stalker.</p>
