Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Great one! One of my employees who is like a daughter to me…

Hello great one! One of my...
Hello great one!
One of my employees who is like a daughter to me (22 years old) just moved here aug 6 from New York with her fiancé (28). The are paying $3150 a month for a 800 sq ft one bedroom in West Hollywood. I loaned her my car and the building "secure" garage had a break in and my car was one of three broken into. Today she returned from work to find her door jimmied. When they moved in, the place was dirty with spider webs and they asked owner to send cleaning service. The kitchen water pressure is dribbles and they have had a plumber out to try unsuccessfully to repair. They want to move out immediately. Her fiancé travels and will be gone this weekend. She's terrified to stay alone. What are their rights for breaking the lease? Does the landlord have to pay for moving expenses?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
8/17/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,641
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. I have also been a landlord for over 26 years and a licensed Realtor for 15. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

.

I don't see socrateaser online right now so would you like me to assist or would you prefer to wait..

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Hi Barrister! Thanks for your prompt response. I am a HUGE Socrateaser fan and would prefer to wait for him if this was for me but I would also like to get back to Maya quickly and I guess it's good to diversify!! So yes, carry on and I look forward to your reply. : )

Ok, happy to help.. I can't guarantee good news, but I can guarantee the truth and will go over any options..

.

With that said, the landlord wouldn't be liable for the criminal actions of 3rd parties. So unless he was somehow negligent in allowing the break in to occur, he isn't liable for that and it wouldn't give them grounds to terminate. It is just a unfortunate occurrence that could happen in any tenancy.

.

And the sink faucet not flowing well wouldn't make the property uninhabitable.. The landlord has a duty to provide a habitable dwelling that meets all local code and housing ordinances, but that is about it. And in order to make a place uninhabitable, it has to be a pretty severe problem... No electric, no water, sewer backup, mold, no hot water...those all make a property uninhabitable and would give them grounds to terminate the tenancy.

.

But the faucet not working well, it being dirty when they moved in, and being the victim of a criminal act by a 3rd party wouldn't give them legal grounds to breach without repercussions.

.

With all that said, if they felt they had to breach, they can break the lease and vacate and then that would trigger the landlord's legal duty to mitigate his damages and try to find a new tenant. Once he did so, he can only hold them liable for his actual lost rent.

.

So to minimize their potential liability, if they have to breach, make sure they leave the place as close to spotless as they can so the landlord can immediately put it on the market and hopefully rent it quickly.

.

,

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,641
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 9 months ago
Thanks for that answer!What if there has been a slew of breakins and the landlord withheld that info from them? One car break in and attempted break in to their apartment since August 6 is pretty unbelievable!
Customer reply replied 9 months ago
I already told Maya to contact the ppl life and ask the police about break ins at that address.
Customer reply replied 9 months ago
police

I hate to say it, but it is up to the tenant to check things like crime stats in the neighborhood, what businesses are close by, what schools, what employers, etc. before they rent. A landlord doesn't have to disclose negative things that have happened in the neighborhood. He just has to provide a habitable dwelling... So if someone was shot two doors over, or a guy got robbed down the street, or somebody assaulted their boy/girlfriend across the street, there is no duty to disclose that as it doesn't affect that particular dwelling's habitability.

.

But I tend to agree with the idea of just breaking the lease and vacating if it was my daughter because the car break in and the door attempt seem a little too close to be coincidence and points to a prior tenant or someone with an ax to grind against the landlord.

.

.

thanks

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 9 months ago
Yup I think you pegged it! Thanks!

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, (and Socrateaser isn't available, of course..) you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

,

Have a great evening!

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,641
41,641 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,641 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have been a tenant in the same apartment house in
I have been a tenant in the same apartment house in Lancaster County PA now for 3 years. There is an adjoined unit next to mine. The tenants in question moven in about a yr ago. Ever since they moved … read more
Lori
Lori
Juris Doctor
1,363 satisfied customers
I received a rental property as a gift. The tenant damaged
I received a rental property as a gift. The tenant damaged the property and i had to repair it. I did not haendve the money to do so. I asked my friend who gifted to me to pay for the repairs untill i… read more
Barrister
Barrister
Lawyer
41,641 satisfied customers
I sold my house to a home investor. There was damage to the
I sold my house to a home investor. There was damage to the roof and siding at the time they made the offer to the house and they knew it. There was an outstanding claim on the damage and my insurance… read more
Barrister
Barrister
Lawyer
41,641 satisfied customers
My daughter lives in an apartment that had water damage due
My daughter lives in an apartment that had water damage due to improper maintenance two months ago. They left the water stand for a week, her furniture and personal property is for the most part lost.… read more
Barrister
Barrister
Lawyer
41,641 satisfied customers
I signed a three month lease and the apartment was not ready
I signed a three month lease and the apartment was not ready on the day it was supposed to be I had already arranged to have the utilities turned on so there was a charge for that and the real estate … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
If damage to a home is done because of an external issue (I
If damage to a home is done because of an external issue (I have a water leak caused by a drain pipe) can I get the HOA to pay for the repairs. CC&R's say the 'owner' is responsible for internal damag… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I just moved out of an apartment. The entire apartment was
Hi! I just moved out of an apartment. The entire apartment was cleaned - vacuumed, mopped, wiped all that … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
If my apartment was a total loss from fire damage - an i
if my apartment was a total loss from fire damage - an i automaticlly out of the lease? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
We had a water damage in our house and with the help of a
We had a water damage in our house and with the help of a public adjuster, we were given monies to do repairs to the house. Since I was told not to use any monies for anything other than repairs, we s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
An apartment building is going up behind my house and I
An apartment building is going up behind my house and I would like to know my rights. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,855 satisfied customers
I live in NYC and rent an apartment from a 3 family house
hello, i live in NYC and rent an apartment from a 3 family house (top floor) my lease ends in june 2018. my landlord send me copies of the lease in October after asking for months about it. do i have … read more
Barrister
Barrister
Lawyer
41,641 satisfied customers
I am renting a apartment row house and I found out that the
I am renting a apartment row house and I found out that the owner of the property does not have the proper MFD license and failed the Maryland department of environment lead pain inspection. The owner… read more
Lori
Lori
Juris Doctor
1,363 satisfied customers
I'm a tenant at an apartment complex, the apartment complex
I'm a tenant at an apartment complex, the apartment complex has served me a 3 day eviction notice for "slamming doors" and they now, with the complaints of other neighbors, are saying there is proof o… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,877 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
304 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,324 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x