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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6391
Experience:  20 years professional experience
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I rented rooms in a home. I signed a three-month lease that

Customer Question

I rented rooms in a home. I signed a three-month lease that stated that I had to give a 30-day notice to leave, and that the landlord (who did not ow the home) had to give me 30 days notice to move-out. The lease ends on January 15th, 2017. I had to be very quiet and tiptoe around at night because of her work schedule. She decided to use the garage which she had no interest in until I cleaned out the spiders and rat feces and carcasses. I told her I was thinking of moving out ad decided to act on it when she opened and closed the garage door at 2:45 a.m. to go to work. The garage door was right under my bedroom, so the noise woke me up. To make a long story short, she told me she wanted me out before the weekend ( this was January 5th). I had given her rent for the entire month of January because I assumed that we would sign another lease since she had to give me notice by December 15th. I moved and had to incur expenses for movers and a storage shed. I do not get into my apartment untl the 18th of January. She does not intend to give me the part of the rent back that I paid beyond the end of the lease, and she offered to give the security deposit back if me or my husband signed a statement saying that my move was voluntary.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Has any paperwork been filed?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Maverick replied 6 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 6 months ago.

It appears to me that under these facts you have a fairly strong argument that the LL breached your covenant of quiet enjoyment. You can sue or threaten to sue for this even after vacating the property. There is the possibility of a $2,000 fine and recovery of your moving expenses and the balance of the Jan 2017 rent as of the date of the constructive eviction.

more to come...

Expert:  Maverick replied 6 months ago.

I would suggest consulting with a local LL-Tenant attorney since there is the possibility that the LL may have to pay for your legal fees if the constructive eviction is successfully proven by you.

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Customer: replied 6 months ago.
I can't seem to find an attorney. I went to the Lawyer's referral service and I was told to go to small claims court.

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