San Mateo, CA asked in Real Estate Law for California

Q: Can I break my lease if I do not feel safe in the apartment bldg. due to COVID concerns (no one wears a mask here)?

No one wears a mask in the common areas of inside the apartment building. This includes the employees of the building (i.e. maintence crew). I have emailed the management and all they do is send a reminder to the community, but no one follows that.

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1 Lawyer Answer

A: Interesting question, answer, maybe. It sounds like, at least, the LL is in violation of local and state ordinances requiring the wearing of masks. This could be the creation of an unsafe condition affecting habitability. (think about a LL knowingly allowing another tenant to run a meth lab next door- big safety problem, not even counting the drug issue). An issue will be what notice did you provide to the LL? Have you documented everything? on paper? Suggest you contact a local tenant's rights attorney in your area.

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