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I need to get out of my apartment lease for health reasons.

Customer Question
I need to get...

I need to get out of my apartment lease for health reasons. The noise in the above apartment is unbearable and I can’t recover

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Not great. Dark and cold and very noisy. I have requested help from landlord several times but just getting worse.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

1 years for only 6 months into now

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Very sick after several surgeries

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
5/25/2018
Lawyer: Nisha Jones,
 replied 2 months ago
Nisha Jones
Category: Landlord-Tenant
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 2 months ago
California
Lawyer: Nisha Jones,
 replied 2 months ago

I'm sorry to hear about your situation. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 2 months ago
Waiting for response
Lawyer: Nisha Jones,
 replied 2 months ago

Have you notified your landlord in writing of the issues with the noise in the upstairs unit?

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Customer reply replied 2 months ago
several times
Lawyer: Nisha Jones,
 replied 2 months ago

Thanks for the additional information. Give me just a moment to finish typing, thank you!

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Lawyer: Nisha Jones,
 replied 2 months ago

Under California Civil Code 1927 you can legally terminate your lease without incurring an early termination penalty due to the excessive noise from your upstairs neighbors.

You are entitled to the quiet enjoyment of your home, and the lack thereof is in your case only further compounding health issues and your recovery.

You are required to notify your landlord in writing, and give him an opportunity to rectify the situation. You have done so.

You many now serve your landlord notice of your intent to leave, in writing, and move out without incurring any further fees.

See:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1927.&lawCode=CIV

I hope that helps!

Please remember to rate my service once you have all the information you need. If you have any other questions, please ask me - I'll be happy to respond. Thank you!

Please remember that any information shared over this site is for general informational purposes only and does not constitute legal advice. You should meet with and consult a local attorney for representation in this matter.

Ask Your Own Landlord-Tenant Question
Lawyer: Nisha Jones,
 replied 2 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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