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

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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: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/8/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,173
Experience: Licensed to practice before state and federal court
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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.

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Customer reply replied 3 months ago
thank you.
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 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…

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 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?

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