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Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5235
Experience:  Licensed to practice before state and federal court
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I'm moving to another apartment building and want to ger out

Customer Question

I'm moving to another apartment building and want to ger out of the lease. It will be 30 days on the 18l. I signed a 12 month lease. But the place is unsafe among other problems.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: California
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Mainly safetty or lack there of
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I just want to ger out of the lease and get my deposit back
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 1 month ago.
Customer: replied 1 month ago.
I thought this was free. I dont understand.
Expert:  Legal Eagle replied 1 month ago.

Generally, if you cancel the lease before the lease is up, then you can be held in breach of contract. However, if you are saying that this place is unsafe and it is the reason that you were leaving, then you may have some protections under the law. This appears to be a violation of the implied warranty (promise) of habitability. 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 notresponsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement. Now, keep in mind that the landlord is probably going to disagree with you about whether these things are unsafe, so I would make sure that you get as much faction information as possible to give the landlord an opportunity to repair these things. If you've already done that, then you can go ahead and move out and you will probably be successful in court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually