Hi, atugaeff, and welcome to WebAnswers.

Although your situation is an unfortunate one, the landlord had nothing to do with the matter and it appears that you wish to make her or him somehow responsible for another's actions, which really makes you the difficult party, especially considering you did not mention your efforts to discuss anything with the landlord to reach a reasonable accommodation.

So, it is, at least, reasonable and understandable that the landlord would ask that you and your roommate continue to pay rent until the apartment is re-let.

Now, was the "deposit" a security deposit, or was it the last month's rent. If it was a security deposit, and depending upon the laws of your state, your landlord should provide you a statement of how the deposit was applied and for what purposes. You might also reach an agreement with the landlord that he or she not charge you a "management" fee to cover the cost of re-renting the apartment, if you are still paying rent.

This is something that you will need to discuss with the landlord. I had similar problems with my old apartment because of problems we were having there. Our car was broken into twice while we were staying at our old apartment, and after discussing it with the landlord, we were able to break our lease, but that was the difference, we spoke to the landlord first. We let her know the situation, and she let us out of our lease.

Since you have already moved out, you may have a problem working something out, but at least try to discuss a reasonable solution with the landlord. Find out if you can help your landlord to find a new tenant, or if there is some other way. If you speak to your landlord reasonably, and are willing to come to a comprimise, there may be a solution that will work for both of you.

I just need to point out, Enchantedone, that in YOUR case, the landlord could very well have had a duty to insure that the premises were reasonably safe, which might have been found to be lacking in some significant way, such as in adequate lighting or a lack of any security.

In the case here, the actions of a third party were in no way related to the premises, but directly connected to one of the tenants herself.

That's true Peanutbred, but it does not negate the fact that talking to and attempting to comprimise with the landlord may help the situation. There may be no guarantee that it will work, but it certainly couldn't hurt.

OK, I'm going to disagree with an attorney here.

Given that you have the police records, I think you should send a copy by registered mail to the landlord, and emphasize that you moved for this reason only. Tell them that if they take you to court, you will be happy to show up and call the police to testify in your behalf.

If they do file suit, and since you have moved out it cannot be a standard detainer 3-day or quit notice, but will have to be a civil suit for breach of contract, immediately find yourself an attorney and fight back. You might even end up collecting damages from them.

I would also advise moving as far away as possible, as in out of the city or state. Apparently you are still rooming with the same girlfriend? That's admirable from the standpoint of friendship and support, but it does put you in danger also.

It might also be time to acquire a gun and learn how to use it.

@ Enchatedone: I made that point, but from a different approach. For all we know - or do not know - she may have tried to discuss the matter with the landlord, although most people would have considered that to be an important point and mentioned it.

What I was pointing out was the enormous difference between what you experienced and the case here. And, in the case, here, unlike your situation, the landlord has no affirmative duty - and could have none - to protect his or her tenants from an ex-boyfriend of whom the landlord was not even aware, especially considering that tenants apparently were not.

In your case, the landlord, for example, had an affirmative duty to make sure the parking lot was reasonably well-lit, in order to deter would-be vandals. He or she might also have had such a legal duty to have the premises regularly patrolled by a private security concern if there had been previous criminal issues afoot.

@Aunt Coffee: Please help me understand how the landlord could be held responsible for the actions of a third party not available under the law? Even in the case of the death of a tenant - pretty exigent circumstances - the estate of the deceased could still be responsible for the balance of the lease until the demised premises is re-rented.

For reasons of the Military is the only extenuating circumstances that most leases allow.
I understand you need to move for your safety but this has nothing to do with your landlord. They are not benefiting by expecting you to keep up your end of the agreement.
Your safety is between you and the local police department. Your landlords job is to provide you with housing that meets your states safety requirements. Things like key-less deadbolt locks and peepholes. They do not have the authority or means to keep you safe.
More than likely the management fees and keeping your deposit are terms that were written out in the lease if you breached the contract. You can ask the manager to show you in the lease where it says that she can charge you for these things.
If they are entitled to these things it should also state in the same area of the contract what they must do for you.
Most contracts say that the landlord must make a deligent effort to rent the apartment as soon as possible.
You can check up on her by having friends call and find out if they are showing that apartment to be available. Try to get your friends to hint at the location your apartment was located. If they are not making every effort to rent it then you may be able to take your case in front of a judge with proof that they ARE taking advantage of your situation. Good luck and keep us posted..

I do understand that technically we are breaching the contract and they are
Entitled to rent until they can find someone. I do not understand why they would take the security deposit if there are no damages and the new lessees would also be paying the deposit
To take over our lease. I have tried to reason with them
Stating that we have been complying with their rules by
Contuning to pay rent eventhough I now have to
Pay double rent also the fact that we had the place professionally
Cleaned like they asked eventhough they did not
Do this as we moved in. Also I am no longer living with this
Girl I do not want to be in the way if this creep
Try's anything! Also I really appreciate all of the responses thank you!

Why are YOU paying double rent?

And, AGAIN, is the the deposit legally described in your lease as a security deposit or is it the last month's rent? I asked for a specific legal reason, as your situation is driven by what kind of legal document you have and what it STATES, not what would be nice if it stated.

Finally, in what state is this rental unit located? If in Illinois, in what county?

Thanks.

It is a security deposit which states in the lease it is for damages, late fees,or defaults in payment. The apartment is located in Sacramento, California.

I am paying double rent because I am paying rent at the new place I had to get, and also the apartment until it can be rented out.

Okay, so has the landlord provided a written statement of damages, etc., to you and your roommate?

And, AGAIN, why are you paying double rent?

It probably states in your lease that if you breach your lease they are entitled to keep your deposit. If you were still in the apartment they would not be needing to find new tenants.
if you had not moved out they would be receiving the rent and not be bothered with advertising, showing, qualifying and writing new contracts.

Under Califronia law, a landlord has 21 days to either issue a refund of your security deposit or provide you a written statement listing any deductions made and reasons for them.

That is all great advice but because of the financial hole this guy put me in I'm wondering if I have legal grounds to
Prosecute and take him to civil court based on all of these fees and extra money I've had to pay by being practically forced out of my place?

Your cause of action, if any, might be against the "stalker", for which you might want to seek the consult of a COMPETENT attorney. You might also wish to seek assistance of Legal Aid in your area.

Finally, if you are able to articulate the legal basis on your own for a cause of action, you might want to consider filing a claim in small claims court, for which you will want to go here for further information:

http://www.courtinfo.ca.gov/selfhelp/

Good luck to you!

Please be careful filing your suit against the stalker. If you feel he was going to hurt your your friend wouldn't he do as much to you? Just make sure you protect yourself against his retaliation. Perhaps a restraining order might give you some protection. Good luck!

I thought about that too and I do not want him to
Hunt me down for taking him to civil court . I guess the whole thing is that it's unfortunate that I was put in this position and I can't do much about it but be thankful he didn't do anything to me or my roommate.

Perhaps, I misunderstood your question a few hours ago. Who did you want to sue?

With due respect to PB, I stand by my earlier answer. In cases of genuine emergency, and this counts as one, courts will not hold you to enforcement of a lease. Forget the security deposit - the landlord is entitled to keep it as recompense for your moving without warning. But stop making monthly rental payments for the apartment. If he threatens you with a lawsuit, call his bluff. Attorneys are expensive and he probably will not file suit. If he does, get legal help of your own - there are nonprofit tenants' associations that could help you with this if necessary, but the initial cost of an attorney will probably be less than the additional rent - and fight back. Whatever the lease may say in the boilerplate, there is virtually no chance that a judge will hold you to a contract that would threaten your life - and in the very unlikely event of a jury trial, certainly no jury would do so.

And don't even consider a civil suit against the ex - let your friend do that if she wants, but you need to distance yourself as far as possible from the whole situation.

Aunt Coffee I totall agree with your response my sister's friend got out of her lease because she simply didn't want to live where she was living anymore and they just kept her deposit and left it at that. It makes sense to keep the deposit and have us get the carpet cleaned but to continue toehold us responsible for rent is crazy plus they said themselves the place always rents out easily so they aren't missing out on any money at all. I would have keep the lease agreement had of this situation never happened. In fact he was trying to get in for months and was pretty close which is scary I don't think I should be forced to live in that environment.

Also thankfully a friend is letting me stay at their place for $200/month if I had not had this option I would possibly living out of my car since I would not be able to afford to pay for
Two places at once.

I am getting some legal advice from an attorney tomorrow
So I will update as far as what they say

I can not break a lease under extenuating circumstances .

Okay if you are being stalked move. Who cares about the lease. You are responsible for the months that it takes the landlord to rent the unit out. No more than that. Now he or she cannot just leave the unit empty and wait until you lease was going to be up and then rent it they have to be actively searching for a tenant. As soon as they find one you are no longer on the hook for the lease. That's the rules. We all have to go by them. By the way I'm a landlord but I don't expect my tenants to live in a place where they are being stalked so you might just send them a copy of the police report like the above poster said. Then you might come to some agreement. On the other hand if you don't who cares you were being stalked there don't move back in. Good luck to you. Not only that but when you have a roommate and your gut tells you that her boy friend is nuts listen to your gut it's rarely wrong.

According to civil code 1946.7 I can get out of the lease. I will pay for a month but after that I have no obligation.

Augaeff, is this code what the attorney gave you? From what I read about this code it pertains to the landlord being able to evict a tenant if they are stalking another tenant.
Did the attorney explain the code to you? Thank you for clarifying.

Civil Code §1946.7 MAY apply if she can prove that SHE was a victim of being stalked, because her roommate is not considered a household member, as defined by the section.

The code section does offer a process for the landlord.