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Great one! One of my employees who is like a daughter to me

Hello great one! One of my...
Hello great one!
One of my employees who is like a daughter to me (22 years old) just moved here aug 6 from New York with her fiancé (28). The are paying $3150 a month for a 800 sq ft one bedroom in West Hollywood. I loaned her my car and the building "secure" garage had a break in and my car was one of three broken into. Today she returned from work to find her door jimmied. When they moved in, the place was dirty with spider webs and they asked owner to send cleaning service. The kitchen water pressure is dribbles and they have had a plumber out to try unsuccessfully to repair. They want to move out immediately. Her fiancé travels and will be gone this weekend. She's terrified to stay alone. What are their rights for breaking the lease? Does the landlord have to pay for moving expenses?
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Answered in 17 minutes by:
8/17/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,648
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. I have also been a landlord for over 26 years and a licensed Realtor for 15. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

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I don't see socrateaser online right now so would you like me to assist or would you prefer to wait..

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thanks

Barrister

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Customer reply replied 3 months ago
Hi Barrister! Thanks for your prompt response. I am a HUGE Socrateaser fan and would prefer to wait for him if this was for me but I would also like to get back to Maya quickly and I guess it's good to diversify!! So yes, carry on and I look forward to your reply. : )

Ok, happy to help.. I can't guarantee good news, but I can guarantee the truth and will go over any options..

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With that said, the landlord wouldn't be liable for the criminal actions of 3rd parties. So unless he was somehow negligent in allowing the break in to occur, he isn't liable for that and it wouldn't give them grounds to terminate. It is just a unfortunate occurrence that could happen in any tenancy.

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And the sink faucet not flowing well wouldn't make the property uninhabitable.. The landlord has a duty to provide a habitable dwelling that meets all local code and housing ordinances, but that is about it. And in order to make a place uninhabitable, it has to be a pretty severe problem... No electric, no water, sewer backup, mold, no hot water...those all make a property uninhabitable and would give them grounds to terminate the tenancy.

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But the faucet not working well, it being dirty when they moved in, and being the victim of a criminal act by a 3rd party wouldn't give them legal grounds to breach without repercussions.

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With all that said, if they felt they had to breach, they can break the lease and vacate and then that would trigger the landlord's legal duty to mitigate his damages and try to find a new tenant. Once he did so, he can only hold them liable for his actual lost rent.

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So to minimize their potential liability, if they have to breach, make sure they leave the place as close to spotless as they can so the landlord can immediately put it on the market and hopefully rent it quickly.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,648
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 3 months ago
Thanks for that answer!What if there has been a slew of breakins and the landlord withheld that info from them? One car break in and attempted break in to their apartment since August 6 is pretty unbelievable!
Customer reply replied 3 months ago
I already told Maya to contact the ppl life and ask the police about break ins at that address.
Customer reply replied 3 months ago
police

I hate to say it, but it is up to the tenant to check things like crime stats in the neighborhood, what businesses are close by, what schools, what employers, etc. before they rent. A landlord doesn't have to disclose negative things that have happened in the neighborhood. He just has to provide a habitable dwelling... So if someone was shot two doors over, or a guy got robbed down the street, or somebody assaulted their boy/girlfriend across the street, there is no duty to disclose that as it doesn't affect that particular dwelling's habitability.

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But I tend to agree with the idea of just breaking the lease and vacating if it was my daughter because the car break in and the door attempt seem a little too close to be coincidence and points to a prior tenant or someone with an ax to grind against the landlord.

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thanks

Barrister

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Customer reply replied 3 months ago
Yup I think you pegged it! Thanks!

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, (and Socrateaser isn't available, of course..) you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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Have a great evening!

Barrister

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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,648
38,648 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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