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If I have had to obtain a 5yr restraining order against someone and had to change my entire name legally in order to protect my family. It that a legal reason to break a lease to move to a safer security building

Submitted: 268 days and 12 hours ago.

Category: Real Estate Law

Value: $20

Status: AWAITING CUSTOMER ACTION

Riverside, California

Already Tried:
I have legally filed a restraining order that was granted. I have been granted a full name change due to stalking order. It was suggested that I move to a gated more secure area. I notified the landlord with a restraining order adn she didn't care to even look at it, she just put it away. We have had vehicles broke in to and the person follow my daughter to school. I issued a 30 day notice to move and she accepted but stated that I would have to finish the lease by payment.

Posted by FLAandNYLawyer 268 days and 3 hours ago.

Answer

Hello,

Thank you for your question. I am happy to assist you.

Unfortunately, that is not a legal reason to break a lease.

You may sustain damages if you break the lease early. However, if you terminate early you may not necessarily liable for the full balance of the payments.

The landlord has a duty to mitigate his damages resulting from early termination of a lease. This means that the landlord must use reasonable efforts to relet the property. In the event he is not able to relet the property, you will remain liable for the total amount of the lease payments. In the event the landlord is able to mitigate his damages and relet the property, you will be liable only for any shortfall between the new tenants lease and your lease.

I hope that I have fully answered your question and the answer was helpful to you.

268 days and 2 hours ago.

Reply

I originally moved in the apartment on March 15, 2008 and the lease that was signed was to end on March 31, 2009 and I will be moving out on March 7, 2009 and the landlord states that I am not able to do that. I agreed to one year which would be the 15, of the month and she is trying to say that I can not even though she agreed to accept the 30 day termination. Why is it not legal to move if I have had to assume a new identity due to an abusive stalker? You mean to tell me that I am to allow this person to invade and continue to stalk us at the cost of my life possible. And if we choose to move with the landlord being knowledgeable that I am still responsible for the lease?

Answer

Hello,

If the date of termination is March 15 and you gave 30 days notice, then you can move without penalty on the 15th. However, if not, regardless of the stalker, you would be responsible for the lease until termination. I am just reporting the information so you know.

Accepts:
Expert:	FLAandNYLawyer
Pos. Feedback:	98.4 %
Answered:	2/28/2009

Lawyer

20 years of private practice

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If I have had to obtain a 5yr restraining order against someone and had to change my entire name legally in order to protect my family. It that a legal reason to break a lease to move to a safer security building

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Answer

Hello,If the date of termination is March 15 and you gave 30 days notice, then you can move without penalty on the 15th. However, if not, regardless of the stalker, you would be responsible for the lease until termination. I am just reporting the information so you know.

Related Real Estate Law Questions

Hello,

If the date of termination is March 15 and you gave 30 days notice, then you can move without penalty on the 15th. However, if not, regardless of the stalker, you would be responsible for the lease until termination. I am just reporting the information so you know.