Legal Question in Real Estate Law in California

Request for termination of lease denied.

My roommates and i signed a year lease that will be ending june 31st 09. We have mulitple break in attempts on your unit. We've also had our bikes stolen out of the garge that were chained to the gate. We are not the only tenants affected. The landlord won't do anything to up the security. We also have complained of mice. They told us over and over that they'd buy us traps yet they haven't. We keep our place very clean. We've also found out a week ago that our apartment leaks from the window in one of the rooms and soaks the walls and carpet. We called and e-mail the manager and shed have an inspector come out to look. Before the inspector even entered our apartment she sent him home saying he was ignorant and wasn't going to pay him for him telling her what she already knew. We wrote a letter to the property owners requesting them to break our lease under health and safety violations yet it was denied. We haven't even recieved a letter of denial we've just been told by the on site manager that we will recieve one soon. That was three weeks ago and still nothing. We were told we could only leave if we found someone to take over our lease, which we are trying. We have documents and photos to prove all this. Can we break the lease?


Asked on 2/16/09, 9:47 pm

1 Answer from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: Request for termination of lease denied.

If you can prove what you say, your landlord has breached the covenant of habitability implied in every residential lease in addition to numerous Health and Safety Code Sections.

I recommend you hire an attorney to write a letter to the landlord explaining that not only are you moving out, but you will seek reimbursement for moving expenses and any increase in rent for the months you would have been renting there.

Feel free to contact us if serious about doing so.

Good Luck!

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Answered on 2/17/09, 12:16 am


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