Can I break a California apt lease if I have a restraining order against someone and don't feel safe?

Question

I have a bi-polar mother who has been leaving crazy threatening voice messages and emails, to the point that I had to put a restraining order on her to protect my 13 yr old son and I. Someone in my apt had let her in the security gate because she LOOKS like a nice lady, (but she seriously physically and menatlly abused me as a child, and her recent craziness has brought back up the fears I had of her.) and so she showed up at our front door :( My manager won't let me post a pic of her in the laundry room w a note saying to not let her in, because he says it will cause a panic. She does own a gun, and she is supposed to turn it in due to restraining order, but I heard that she can get around that. Our windows are 5 ft from the major street we live on, and I am very fearful that she is going to do something. Is there any way I can get out of my lease which doesnt end until end of June 2007 due to all this?

oops I meant my lease expires June 2008 :) And I know that I can have her arrested once she breaks restraining order, but evn tho I filed it last week, she still hasn't been served by the sheriffs dept. They say it shoudl be next Tues. But even so, if she refuses to answer the door, my restraining order is not effective. My worst fear is that she is not going to care about the restraining order, she has nothing in life, no job, no family wants to deal w her, and she started obsessing on my son this summer, and he was upset by it, and told me he didnt want to have to see her anymore. When he tried to tell her this, that is why she has been calling and leaving threatening voice mails and emails, all of which I intend to present to the court on our court date of 11/19/07. I am afraid that she will show up w her gun, and shoot me b4 I ever get to call cops. :( She has had a hatred for me since I was born, the beatings started way back then, under a year old.

Answer 1

This is a police issue and has no bearing at all on your lease or any other legal contract.

You might be nice and simply ask. You sound like a PIA renter who will cause distress to others, your landlord may be hoping you want to leave and help you pack your things.

Answer 2

Sorry - the restraining order and family drama doesn't allow you to break a lease.

However, common sense should give you permission to break a lease and relocate for your own safety, no matter how much it costs you. While you may have to pay double rent until June 2008, your safety still is more important.

Read your rental agreement. There is a possiblity you will be released from having to pay once your landlord finds a new renter.

If you are committed to pay no matter what, talk with the landlord. They are not obligated to help you, but perhaps you can come up with a creative solution. Perhaps they will let you stop paying rent as soon as they find another renter? Perhaps you can move to another unit in the apartment complex that's further away from the street? Or perhaps they own an apartment complex in another area of town that you could move to.

Regarding your mother: change your phone number or simply block her calls. This crazy cycle will continue if you keep feeding it. Don't open your door to her, even if she shows up, just calmly call the police.

You can also talk to a women's shelter to get advice and help on your next steps.

Answer 3

I know people that have been in similar situations. You are resonsible for the rest of the lease. The landlord is not responsible for this mess. Sorry, business is business, and it is not always merciful.

However, you could talk to your landlord and explain your situation. Do not expect your security deposit back. Like a previous person said, have a police accompany you if possible. Tell her/him that you and your child are in danger-and so are the other tenants if you remain. Explain your mother is mentally disabled and unpredictable. I am sure they do not want a crazy woman scaring their other tenants. I have seen the worst of landlords let people out thier lease early because of domestic abuse. I hope yours is successful too. Who knows, maybe they have another property you could move to without penalty.

Take precautions that she does not find your new address.

If that does not work, place and ad on a place like craigs list to see if someone will take over your lease-if allowed.

I am sorry you are going through this, and I hope you and your mother get the help you need. If you hear or see anything, call the police-and keep a copy of those reports.

Answer 4

1. Since June 2007 was several months ago, your lease has ended and you can move now.

2. Moving will not accomplish anything. She will just do what she is doing whereever you go.

3. If the restraining order requires her to stay a minimum distance away, the showing up at the front door would violate this. Call the police and have her arrested for violating the restraining order.

Answer 5

Your fears for your safety are not a valid reason to terminate a lease early. It is not the landlord's fault that your situation arose.

You can ASK if you can terminate early, but if management refuses, you are held to your lease until it expires.

Answer 6

You need to call an attorney first thing Monday morning and make an appointment to talk to them ASAP. They should be able to handle all aspects of your situation. I wish you good fortune and Godspeed. If something happens today or tomorrow, be sure to call the police.

Answer 7

Talk to your landlord and let her know that you MUST move for your own safety. Have an officer accompany you if possible. Give a 30-day notice and offer to help her find someone else to rent the place.

Make it very clear that if anything were to happen to you, she'd be held partially responsible.