Can I breach my lease if my landlord/owner didn’t disclose that he’s a sexual offender?
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Can I breach my lease if my landlord/owner didn’t disclose that he’s a sexual offender?
I moved in to a house owned by a man who i just discovered is a sexual offender. I have 2 kids, aged 9 and 16. I am worried, concerned, disgusted. We feel like caged birds. Had he disclosed that he was a sexual predator/offender, I never would have considered renting the house. He was deceitful. We share common area and he lives above me. Can I get my deposit back? What are my rights?
Asked on December 14, 2010 under Real Estate Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If this is a single family home (sounds like it) and he is a registered sex offender, he may not be allowed to even be near children, let alone live in the same home with children who are unrelated to him or related to him. First, check your state's sex offender registry regarding his conviction, what his limitations are and if he is currently on parole or probation. Second, contact the police department and ask to speak with the investigator in charge of sex offenders and their whereabouts. Take that information and see if that can be used to get you out of your lease (nice police visit can be persuasive). Then, immediately demand your money back in writing and verbally and indicate to him that a material issue here is he is a convicted sex offender and your small children are at risk of being harmed. You want your money back and do not take no for an answer. Make sure you have someone there to help you (a civil escort by police is an option). Move immediately.
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