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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My son, who is a college student in California, recently

Customer Question

My son, who is a college student in California, recently rented a room from a gentleman and signed a six month lease. We did background checks and everything was clean. Three days later this guy told him he murdered someone that was attempting to get into his house and proceeded to show my son his guns. My son got scared, I told him to go rent a hotel room get out of there and we will find someplace else to live. This guy is now threatening to sue me if I don't continue to pay the rent. Are we still obligated to pay even though this guy was not honest and told us he had never been arrested or put in jail, and almost presented himself in a threatening manner?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

You can terminate the lease due to the landlord breaching your son's "implied warranty of quiet enjoyment"

By presenting himself as a threatening individual - complete with guns and a story of murdering another person in his home - the landlord most certainly made the home unwelcoming to a reasonable tenant.

Your son can also take out a personal restraining order against the individual if he fears imminent physical harm (see: http://www.courts.ca.gov/1260.htm - this is definitely going to upset the landlord as he is going to lose all of his guns).

Once there is a restraining order out, your son is guaranteed to be able to terminate his lease due to domestic violence/threat of violence in the home.

(Short of doing all of this legal work, you may just want to call an attorney in the county where your son is going to school and have them contact this landlord and have them negotiate a mutual lease termination and release ("walk away") - this will be less time consuming for your son (who likely needs to focus on his studies as the school year is just beginning), and it will allow you to avoid the uncertainties of litigation and court proceedings).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
I don't feel that I need to
Pay him anything else. He has been texting me all night threatening me and my child. Up to 25 as we speak. This is extreme irrational behavior. I am in Florida 3000 miles away. I really don't care he is going to
Lose his guns. A person that unstable needs to lose their guns! I not asking for a refund if my one month payment but If we do go to court can I countersue him for my extra expenses.
Expert:  CalAttorney2 replied 1 year ago.

I didn't say you should be concerned about this. I noted it because he appears to be irrational, and I wanted to alert you to it.

I think you should hire a lawyer to represent your son because you are 3,000 miles away and he is still a child (he may be over the age of 18 and attending college, but this isn't something a teenager is prepared to take on).

I don't think you should pay this person anything more, but also don't think you are going to get anywhere by trying to negotiate with them.

Customer: replied 1 year ago.
Thank you I will contact an attorney tomorrow morning
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish both of you the best with this matter (and I do hope that your son has a successful year in school).

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

Thank you again, and again I wish you the best.

Bill