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Roger, Attorney
Category: Legal
Satisfied Customers: 28805
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have signed a long term lease in a new development in San

Customer Question

I have signed a long term lease in a new development in San Diego, CA. When I asked about the building next door, I was told that it was a drug and alcohol treatment center. When I moved in, I was disturbed by violent screaming at night and all throughout the day. The noises were especially loud when the patients were out in the yard at "recess" during the day and fights would break out. A close friend-a prominent psychiatrist- visited and informed me that the center was NOT a drug and alcohol rehab, but was in fact a center for seriously ill mental patients. He was surprised that this was not disclosed and that the residential units were allowed by City Planning in the first place. Furthermore, I discovered there are 3 violent sex offenders in the center next door. My housemate moved out in fury. What recourse do I have for rent reduction? For non disclosure of sex offenders?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : Generally, the landlord would only be required to disclose any known material defects in the property you're leasing. HOWEVER, there are times that a landlord should disclose tangential issues or things that affect the property even though it is not on the poperty - - the classic example is a slaughter house in a neighborhood.
Roger : In a case like this, you certainly could claim that the facillity hinders your right to quiet enjoyment of the property, and that the landlord intentionally failed to disclose this issue, and that had you been informed of this, you would not have rented.
Roger : If you want to vacate, you're probably looking at a fight unless the landlord is willing to let yo out.

That doesn't really answer my question. What is my recourse for rent reduction? What is the most effective methodology for a rent reduction? A collective rent reduction of the entire complex?

Roger : Basically, you'd have to sue the landlord for breach of the lease agreement, and also for breach of implied warranties of haitability and the right to quiet enjoyment of your property.
Roger : You'd have to be able to prove that the mental facility interferes with your use and enjoyment of the property and that the landlord knew or should have known that this was a condition that should have been disclosed to you before entering into the lease.
Roger : As for getting a rent reduction, you could use the threat of filing a lawsuit to cancel the lease as tool. If the landlord is facing a lawsuit and potentially losing one or more tenants, he/she would likely be ageeable to negotiating a settlement - - which could include a rent reduction agreement.

please erase the question and answer. is that possible? I will give you a high rating

Roger : Yes, once we're done/after you've rated our conversation, I can request that the quetion be locked, which will keep it from being viewed any longer.

Thank you roger. Im done. please lock asap!

Roger, Attorney
Category: Legal
Satisfied Customers: 28805
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Expert:  hollie-cssm replied 1 year ago.
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Expert:  Roger replied 1 year ago.
Hi - the customer requested that this question be locked. I submitted a request, but it apparently hasn't posted.

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