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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33781
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I signed a 2 year lease Aug 2012 in a duplex in Los Angeles

Customer Question

I signed a 2 year lease Aug 2012 in a duplex in Los Angeles with three law students living updstairs. One month after I moved in the law students moved out and 3 students moved in that "party" all night. then 2 months ago, the landlord put the duplex for sale, had open houses, many items were stolen during these open houses and they come and go without any notice. I want to give 30 days notice due to feeling like I've lost my right to quiet enjoyment, break my lease and leave the premises clean and ready to re-rent. Is this possible without being sued for the last year on my lease?
Submitted: 3 years ago.
Category: Legal
Expert:  Barrister replied 3 years ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Is this possible without being sued for the last year on my lease?
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Yes, it is entirely possible that the landlord won't decide to pursue you for the remainder of the lease if you give him notice and then move out. But from a purely legal perspective, this is still a breach of the lease contract and he could do so.
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However, if the landlord or the realtors are entering your dwelling with less than 24 hours notice, then he is violating the law as well as violating your right to "exclusive use and possession" as well as "quiet enjoyment" of the premises which are rights inherent in any lease. This is under CA Civil Code 1954.
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So in your letter terminating your tenancy, you could cite repeated violations of the Code above and mention that this has violated your rights as I mentioned above.
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That might give the landlord concerns that you had already talked to an attorney and were advised that you could break the lease due to those violations. Keeping that in mind, he may just decide to try and keep your deposit and not pursue the matter further.
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Is any of this guaranteed?...no. But having been a landlord for over 24 years myself, I can tell you that landlords are more prone to let a tenant go if they think they have contacted an attorney and know their legal rights...
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Thanks
Barrister
Expert:  Barrister replied 3 years ago.

Hello again,

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I noticed you rated my service as "bad" and am a little confused.

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Did you have further questions or need clarification on my answer?

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I am sorry if my answer wasn't what you had hoped to hear, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer..

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Thanks

Barrister

Customer: replied 3 years ago.

I will hire a local attorney

Expert:  Barrister replied 3 years ago.
That might be your best option as a local attorney would be able to send the letter on your behalf and potentially scare the landlord into not pursuing the matter.
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Thanks
Barrister

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