CAN I BREAK MY LEASE? MY ROOMMATE ALSO DOESNT LIKE MY BOYFRIEND SO HAS HER THUGS HANGING OUT AND TWO OF THEM JUMPED HIM ONE DAY.
Without more facts, it's hard to say whether you have a valid legal basis for early termination of your lease. How much more time do you have left on the lease? What does the lease itself say about early termination? How many people signed the same lease?
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
You have to look at your lease. As a stretch of a legal argument, perhaps safety is a basis.
Has your roommate threatened or harrassed you? You might want to consider filing a restraining order and get her on the CLETZ system. If the restraining order is granted, she will not be able to come near you based on the distance she is ordered in the stay away order.
However, proceed with caution when filing restraining orders. Be sure you have strong basis. If not, the other side you prevail and make you responsible for their attorney fees.
Sorry about your situation. Any issue with physically violence should involve the police.
Sally S. Chan, Esq.
West Themis Law, A Professional Law Corporation
wthemislaw.com | [email protected] | 626. 737. 8585
No advice can be relied on as legal advice unless attorney has the opportunity to create an attorney client relationship and review all pertinent documents and evidence regarding the issue.
Your boyfriend is not on the lease so it may be difficult to justify breaking the lease because he is being jumped. If it were you Civil Code 1946.7 could possibly come into play. Restraining Orders have to show that there is a need to restrain someone. Fresno Courts do look at them closely.
I am a Fresno attorney and offer free consultations if you would like to discuss the matter with me.
Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship
I am an attorney in Fresno and may be able to assist you with your landlord issues. Feel free to contact my office if you have additional questions.
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