Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I entered into a lease on July 18th 2017 for a 12 month

Customer Question
Good afternoon, I entered...

Good afternoon, I entered into a lease on July 18th 2017 for a 12 month lease. 3 months after the tenancy began, the management company initiated large scale construction. The construction has been within 5-10 feet of both the front and back of our unit and has made living here nightmare. We've dealt with it for several months now. The construction has caused damage to my vehicle from the contractors painting, as well as a nail in my tire that was not compensated. The outdoor conditions are not suitable for our children to be outside at all and none of this was mentioned when we agreed to sign our lease, otherwise we would have looked else where. After multiple emails to the management company that we would like a rent abatement or other options regarding our tenancy (all of which went ignored.) We decided that we needed to leave for the sake of our family 4 months prior to our lease being complete. The company is trying to take us for the remainder of the lease $9,000.00 even though they are in clear breach of our right to a reasonable enjoyment of the living space. What are my options?

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

Huntington Beach, California.

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 5 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
3/8/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,201
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, 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.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
thank you.
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago

I'm sorry to hear about your situation.

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 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. 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. In your case, if the property was unlivable because of the significant construction, if you suffered property damage, and you otherwise were reasonably forced to leave the property, a court would probably determine that you do not owe that amount.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

How else can I help you today?

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,201
14,201 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Pearl. I'm renting a room in a house at Huntington Beach,
Hi, Pearl. I'm renting a room in a house at Huntington Beach, CA. It's a one-year lease that started in May 2017. I recently accepted a new job and decided to move. I found a person to sign a new 1-ye… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,572 satisfied customers
Living in an apartment on a year lease. Location is
Living in an apartment on a year lease. Location is Portland, OR. There has been ongoing construction on the outside of the building for the last 9 months, since before I moved in. The building is mot… read more
Michael Gonzalez
Michael Gonzalez
JD
585 satisfied customers
We moved into this unit about two months ago and noticed
We moved into this unit about two months ago and noticed cigarette smoke coming from outside the first day. The neighbor who shares an outdoor wall and whose patio is right up against ours smokes all … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
When entering into a rental agreement, does the management
When entering into a rental agreement, does the management company have to disclose to the renter major upcoming repairs, such as paving your parking area and stripping and painting the exterior of yo… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My husband and I have rented a condo in Maine for almost two
My husband and I have rented a condo in Maine for almost two years. Our Lease is up On June 6th, 2014. Since January of 2014, our Landlord has had non-stop repairs occurring in our condo. We have been… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Were in an Executive Suite leased to us by a national company
We're in an Executive Suite leased to us by a national company with floors in hundreds of buildings. We've had a neighbor that is way too loud, with even the lessor's reception desk having heard compl… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,358 satisfied customers
Need to get some legal advise on an apartment lease. Our lease
Need to get some legal advise on an apartment lease. Our lease is set to expire on Aug 15, 2013 (1 year lease). We put in our 30 notice on May 1st, 2013 (we actually moved out on April 29th due to buy… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My husband and I have been in our apartment for 8 months, our
My husband and I have been in our apartment for 8 months, our lease is for 12. We want to break the lease with no penalty because our apartment has had problem after problem. Two leaks in two separate… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We are currently living in a 1 bed / 1 bath rental in Long
We are currently living in a 1 bed / 1 bath rental in Long Beach, California for 1150.00 a month. My fiance and I just landed jobs out of the area and want to move out asap. We would not mind staying … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My nail salon been totally damaged by landlord contractor repairing
My nail salon been totally damaged by landlord contractor repairing overhead water pipe. I have to claim my own insurance for the lost, and the amount awarded is about half the cost of replacement. La… read more
PAX Attorney
PAX Attorney
Attorney
Juris Doctor (JD)
956 satisfied customers
my wife and i signed a 2-year lease on our current townhouse
my wife and i signed a 2-year lease on our current townhouse 7 months ago. in those months, we have done a couple of positive upgrades to the place. unfortunately, her position at her work was elimina… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
We are 1/2 way through ou 1-year lease agreement in our apartment.
We are 1/2 way through ou 1-year lease agreement in our apartment. After a year and 1/2 the residents have started parking illegally on the street right outside of our bedroom window. Now for the past… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
Our fixed-term lease will be up on March 19th and weve been
Our fixed-term lease will be up on March 19th and we've been in this house for over 2 years. The landlord sent us an email today 2/24/2011 stating that he will not be renewing the lease and that he wa… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Hi, I have a problem concerning a property manager that we
Hi, I have a problem concerning a property manager that we share a 3 bedroom upstairs portion of a house with. The owner, who we haven't met supposedly lives down the street from us. The problems are … read more
Lyn
Lyn
Juris Doctorate
24 satisfied customers
We live in a luxury building in Manhattan paying $4000 per
We live in a luxury building in Manhattan paying $4000 per month in rent for a one bedroom apartment with a beautiful 60 sq. ft. balcony with views. We are disgusted. The builidng has violated New Yor… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
Hi, I would like to re occupy my home, i had rented it out
Hi, I would like to re occupy my home, i had rented it out 1 year ago, with no lease, and in the past few months, tried several attemps to verbally come up with a reoccupy date, and all my tenants are… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I have a lease on a house in Austin, Texas, until February
I have a lease on a house in Austin, Texas, until February 2010. We have not terminated the lease, but we've left the state for a new job. The lease payments are up-to-date and we have not terminated … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Leased home for two years and remained anal about caring for
Leased home for two years and remained anal about caring for it, however now being charged for painting - no crayons, paint or marker, only fingerprints and scuffs and nail holes were patched as instr… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x