If my apartment was broken into, can I legally break my lease?

UPDATED: Jun 22, 2015

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If my apartment was broken into, can I legally break my lease?

Also, is it legal for my lease agreement to be held with a leasee and not the landlord/building managers? And if the lease I signed states I have a month-to-month contract but my roommate is under the impression I have a year lease, am I able to leave with a 30 day notice?

Asked on June 22, 2015 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) If your lease is a month-to-month lease, then you can provide a month's notice you are terminating your tenancy. It doesn't matter what your roommate thinks--it matters what you signed.

2) Someone breaking into your lease does NOT give you the right to break your lease. The lease is a contract between you and the person you are leasing from; it is not affected by the criminal acts of third parties.

3) It is unclear exactly what you mean by "lease agreement held with a leasee and not the landlord/building managers". It does not matter who physically holds or retains the lease, if that is what you are asking.

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