Break a lease legally due to death threats...

[karinag37]

I am a tenant in California, i was recently threatned to be killed and shot by another tenant above me, i have made a police report. I had a verbal discussion to the owner inregards to this he did not believe me no action has been made in 7days. The tenant who threatned to kill me constantly takes pictures of me and my family i do not feel safe living there what so ever, i've been there 4 weeks with a 1yr lease agreement. I want to break the lease, i am in the process of getting a restraing order against that tenant. Do I have a legal case to break the lease based on Constructive eviction?

 

[Michael Wechsler]

I'd say it's likely you have grounds to break the lease. But I wouldn't do so without giving the landlord written notice, sent certified return receipt, before you do so and give him a chance to "cure" the defect.