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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38233
Experience:  Attorney over 17 years, landlord 26 years
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I would like written information on breaking my lease for my

Customer Question

I would like written information on breaking my lease for my apartment in Oakland.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oakland CA
JA: Has any paperwork been filed?
Customer: no, I need to know what qualifications need to be met in order for me to end my lease early
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, just the requirements to break a lease in oakland, CA
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. 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.

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Are there any substantial problems with the apartment?

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What is your reason for wanting to break the lease?

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Does your lease have any "early termination"/ buy out clause?

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thanks

Barrister

Customer: replied 9 months ago.
Reasons for breaking lease: Brown water, trash piling up outside, leaks throughout our house, and water collecting in the hallway outside of our door.This is the clause relating to breaking our lease: "Any attempt by Tenant to terminate this rental agreement, for any reason, prior to the end of the minimum tenancy period described in Section I.A. of this Agreement shall be deemed to be a breach of this agreement and Landlord shall be entitled to recover all damages occasioned thereby. Tenant agrees to pay rent UNTIL THE APARTMENT HAS BEEN RE-RENTED. Tenant also agrees to pay half of one month's rent (minimum $500) for re-lease costs and fees, plus the actual amount (minimum $100) for advertising the apartment. Landlord and Tenant agree that these re-lease costs and fees are presumed to be the costs for re-renting the apartment, and to mitigate rents for which the Tenant is liable, since it may be impractical or extremely difficult to calculate actual costs. Alternately, Tenant should consider paying rent until end of lease, as this may be a cheaper option.We signed a 1yr lease which ends on June 14th 2017.
Expert:  barristerinky replied 9 months ago.

Ok, are you saying that there are leaks in the roof throughout the apartment that the landlord won't fix?

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Is there any black mold due to the leaks?

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Anything that is outside doesn't affect the habitability of the dwelling, so it is only inside problems that count...

Customer: replied 9 months ago.
All problems are inside our apartment building. We have black spots on our ceiling and one of our walls is leaking. We also have an inch of water down the interior hallway directly in front of our door. (see pictures) If you could point me to a statute or tenants handbook that would be great.
Expert:  barristerinky replied 9 months ago.

Ok, I meant inside your actual apartment... the landlord has a legal duty to provide a habitable dwelling...that means the area that you actually live in, not anything outside the actual living space..

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This is a link to the definitive CA landlord tenant guide that tells you exactly what you can do with problems like you are having and if you can breach the lease.

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CA Tenant Handbook

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thanks

Barrister