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Question
My name is Kendra and I am seeking guidance as I am beyond frustrated with my living situation. I am looking to break my lease under the following conditions:there was a cricket infestation and it took about 6 months for my manager to finally spray (and sprayed only my unit when I requested the building be sprayed cause they will come back), poor management, termite problem (I have pictures - presently experiencing third swarm - they sprayed twice already but the swarms keep coming - it's unlivable)*(I have all correspondence printed out). I have been living among boxes as I am ready to move out NOW! I have written numerous letters (email) to my manager, who will not tell me the contact info (incl phone number) of the owner of the building (against civil code) and am getting nowhere! My manager did tell me his supervisor (whom he won't put me in direct touch with) will allow me to break the lease if I find a replacement.Can't I get out without having to find a replacement? It's nasty!
Submitted: 62 days and 23 hours ago.
Category: Legal
Value: $48
Status: CLOSED
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Optional Information
State/Country relating to Question: California
Already Tried:
LA Housing Department (they told me they don't help with these things and gave me the number for Consumer Affairs)
Consumer Affairs was impatient and rushed me off the phone and spoke to me as if I were stupid.
Research myself. I need someone with experience to tell me my options and the consequences of each of them - CLEARLY.
Thank you.
Posted by
LegalBeacon
62 days and 23 hours ago.
Info Request
Hi there. Could you tell me what state you live in so I can address your question more specifically? I apologize in advance if you have provided this under Optional Information, but it does not show up on our screen. Thanks!
62 days and 23 hours ago.
Reply
California
Thank you!
Posted by
LegalBeacon
62 days and 23 hours ago.
Answer
Thanks Kendra....No matter what your lease provides, under California law, there is always an implied warranty of habitability with respect to your unit. A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that
endangers the occupants or the public, or is
a substandard building because, for example,
a structural hazard, inadequate sanitation, or
a nuisance endangers the health, life, safety,
property, or welfare of the occupants or the
public. These safeguards are contained in California Civil Code Section 1941.1 paragraph 1 and California Health and Safety Code Sections 17920.3, 17920.10.
Your persistent problem with insects makes your rental unit uninhabitable and therefore you have the right to terminate your lease. Give them your written notice that you are terminating your lease due to the landlord's breach of its implied warranty of habitability and demand a return of your security deposit. If they refuse to return your security deposit, file a claim in small claims court.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
62 days and 23 hours ago.
Reply
I wrote a letter a few weeks ago stating I was looking to terminate my lease
effective as soon as possible,
with reasonable time to find a place and get moved out
.I wroted this August 30th in email form with my signature attached. The manager/landlord said I didn't need to resubmit and that I didn't need 30 day notice. They said they would terminate on the grounds I found a replacement. Can I just leave without fiding a replacement under these conditions I am living under?
Posted by
LegalBeacon
62 days and 23 hours ago.
Answer
Yes, you may leave without finding a replacement. You are terminating as a result of the landlord's breach and you are under no obligation to find a replacement tenant.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
62 days and 23 hours ago.
Reply
So how do I know I am released of the contract that states I am the person responsible for 5 more months on a 12 month lease? If I leave won't I be responsible for 5 more months of payments? I need a clear indication that I will no longer be responsible for this place once I move out early.
Thank you!
Posted by
LegalBeacon
62 days and 23 hours ago.
Answer
You have a couple of options...the best would be for them to give you a written rele due to their breach. If they refuse, you could file suit to get a delaratory judgment, but I would not recommend you go to that expense. Rather, I would make it clear to them that you are leaving due to their breach and that you have no further obligations under the lease and if they do not return your security deposit in full or if they take any action to pursue rent, you will file a lawsuit against them for damages.
One thing you should know...even if you had not been entitled to terminate without finding a replacement...which you are so don't worry about it!...but the landlord always has a duty to mitigate which means they have the obligation to use their best efforts to re-let your unit and once they do you are relieved from further obligations no matter what.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
62 days and 23 hours ago.
Reply
I was told this by another attorney, "No - crickets and termites are unlikely to amount to a landlord's breach. Courts give landlords a lot of latitude in this area, so you
cannot
count on a court saying it was okay for you to leave without finding a replacement."
Accepted Answer
It depends on the amount of the infestation and duration. You have been having this issue for months, and although it may not be totally black and white, I feel the facts are on your side and that because the landlord has been unable to solve a recurring and continuing problem, that the court would rule in your favor.
But, there really are only two choices if you want absolute certainty. As I said, one is to demand the landlord give you a written release and threaten if he does not you will file suit. The other, if he simply refuses, is to go to court.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
If I have adequately answered your question, even though the answer might not have been the one for which you hoped, I would appreciate it if you would please click the GREEN ACCEPT button NOW, so that I receive credit for my work; otherwise, though you have made a deposit, I do not receive credit.
If you need additional clarification on this question after clicking ACCEPT, please do not hesitate to click Reply and I will be happy to do what I can to help you further. Thanks for allowing me to be of service to you.
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
Expert:
LegalBeacon
Pos. Feedback:
99.5 %
Accepts:
Answered:
9/20/2009
Attorney
Attorney/Developer
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