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I have a question about my rights on this place I rent in

Customer Question
Hello, I have a 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: 2 years ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
1/11/2016
Lawyer: Infolawyer, Attorney replied 2 years ago
Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 58,999
Experience: Experience representing landlords and tenants.
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do you have a lease? when does it end? what is landlord's position?

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Customer reply replied 2 years 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 reply replied 2 years 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?
Lawyer: Infolawyer, Attorney replied 2 years 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.

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Lawyer: Infolawyer, Attorney replied 2 years ago

Kindly let me know if that is fast and clear.

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Customer reply replied 2 years 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 reply replied 2 years 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 reply replied 2 years ago
are you still there?
Lawyer: Infolawyer, Attorney replied 2 years ago

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

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Lawyer: Infolawyer, Attorney replied 2 years ago

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

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Lawyer: Infolawyer, Attorney replied 2 years ago

Kindly let me know if that is fast and clear.

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