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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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I have a question about my rights on this place I rent in

Customer Question

Hello, I have a question about my rights on this place I rent in San Rafael, CA.
I have been here for about 9 months.
My neighboors fight almost every night. Usually around 11 PM on...
I constantly wake up scared and so does my aunt who lives here and is 65 years old.
I am 38 years old.
We went to the manager of the community who tried to talk to them many times but no success.
I then decided to change units and he didn't charge the 200 dollars moving fee.
Later I found the neighboors are leaving on the 18th of January, I am scheduled to move to the new unit on the 23rd of January.
However, the fights are bigger and more violent and I don't want to be without sleep for the next week AGAIN.
What are my rights? Can I move earlier? the unit is available. I don't know what to do and I can't be without sleep. We called the security from the building and they told me to call the police the next time.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 10 months ago.

do you have a lease? when does it end? what is landlord's position?

Customer: replied 10 months ago.
The lease does not end and we agreed to sign a new one on the new unit.
I am just missing work due to lack of sleep and the manager doesn't do anything because they will move in a week.
Customer: replied 10 months ago.
I know the new unit is ready and I am actually going there today to take measurements. I just don't undestand why we can't move sooner if that is the case. do you understand my point?
Expert:  Infolawyer replied 10 months ago.

from what you mentioned landlrod is in breach, and not providing habitable premises allowing you to end it early without penalty. You normally would get landlord consent to that, but if needed you may need to sue landlord or defend a claim by landlord. In all event, you should make your position in writing to create a record, and retain a copy.

Expert:  Infolawyer replied 10 months ago.

Kindly let me know if that is fast and clear.

Customer: replied 10 months ago.
with that being said, I want to move right away and I want to have a few days maybe 4 to remove all from one unit to the next, what can I write him in terms that he would feel scared.
Customer: replied 10 months ago.
I just need to sleep well, if you understand. This is a very expensive community and I don't deserve this kind of treatment.
Customer: replied 10 months ago.
are you still there?
Expert:  Infolawyer replied 10 months ago.

write them identifying the complaint, a narrative with dates and note they have failed to provide habitable premises and quiet enjoyment.

Expert:  Infolawyer replied 10 months ago.

That creates a record and allows you to leave. If they sue you may defend on that record.

Expert:  Infolawyer replied 10 months ago.

Kindly let me know if that is fast and clear.

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