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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36233
Experience:  16 years real estate, Realtor. Landlord 26 years
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I live in Los Angeles CA in a rent controlled property. I am

Customer Question

I live in Los Angeles CA in a rent controlled property. I am month to month. The apartment has cockroaches, and they have fumigated once and still cockroaches. Furthermore, the building recently failed inspection and there is a posted "Notice and Order to Comply" from the Los Angeles Housing and Community Investment Department that says clearly, "An inspection of the premises has revealed conditions that affect the health and safety of the occupants". It also says a second inspection will occur on 09/08/16. Do I have any right to leave the apartment without the required 30 day notice?
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
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Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


If the property has been cited for health and safety violations, you have a legal right to terminate the tenancy and vacate immediately since the landlord is in violation of your rights to a habitable dwelling under CA Civil Code 1941.1.


So just take a picture of the notice on your phone and take pictures of the conditions with the roaches and save them on your phone for future use if the landlord tries to claim you broke the lease improperly. Then you can move out immediately and return the keys to the landlord along with a letter demanding a refund of your prorated rent and your deposit due to the landlord's violation of your rights to a habitable dwelling under 1941.1





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