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Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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Is there a way I can get out of my lease? It's signed in

Customer Question

Is there a way I can get out of my lease? It's signed in February and lasts for 18 months.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Redwood City, CA. 94063
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: None that I know of. They did make the entire property non smoking starting Sept 1.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I can think of.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. There are a couple of ways to get out of your lease in the 2 most easiest ways to do this or through a breach of the implied warranty of habitability in a breach of the implied Covenant of quiet enjoyment.

Generally, all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.

Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation.

There are other situations as well such as a violation of the lease terms. For example, if you are to be promised certain things in the lease and you were not given them, then you're performance is suspended meaning that you can move out and break the lease.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
Not really!
Expert:  Legal Eagle replied 2 months ago.

I'm sorry, I put a lot of information. Did you have any other questions for me at all?

Customer: replied 2 months ago.
No
Expert:  Legal Eagle replied 2 months ago.

Ok great! The pleasure is all mine! Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.