Do you think I'd be able to get out of my apt. contract because I can't stand the way it smells.?

Question

They've come twice to shampoo and clean the air ducts and it still stinks. It smells like mildew and smoke. It's in my clothes, hair, and linens. It can cause a problem with my profession as a massage therapist where cleanliness is key and i do not smell clean no matter if I just washed my clothes the night before.

Answer 1

If the apartment is uninhabitable then yes you can. Make sure your unhappiness with the smell has been well documented and easy to prove in court. Maybe get a professional out to document the problems with the apartment.

What you can also do is get an estimate by someone to fix the problem and present it to your landlord and see if they are willing to do the repair. If they aren't the estimate could be a good piece of evidence in court as well if you are able to get the repair guy to give you a notorized statement for you to provide in court.

What is an "uninhabitable condition?"

There is no strict legal definition, only guidelines. Civil Code 1941.1, Green v. Superior Court, and some other cases describe around it. It's not an ugly paint color or worn carpet, but it is peeling paint and a torn carpet. It has to affect living there, so that a technical violation like using the wrong type of screw would not be "uninhabitable." It does not have to make the place unlivable, but can be as simple as a missing window screen, a defective electrical outlet, or low water pressure. It can be something broken like a window or missing like a window screen. It can be something unhealthy, like cockroaches and mold, or dangerous, like criminal activity [particularly gangs, drugs, and burglaries]. It can be outside the unit, like an unlit stairway or stagnant swimming pool. It can be something that doesn't work well enough, like an inefficient heater or air conditioner, low water pressure, or a slow drain. It can be a defective appliance that came with the unit, like a stove or refrigerator. It can be a bad smell, or noise, that is a nuisance, or construction debris in the back yard. It can be insufficient trash bins, or a broken front security gate. It can be things you didn't even realize, like missing locks on ground floor windows and deadbolt locks on exterior doors.

If you've gone this far, to learn about your rights, you might as well make a complete list of everything defective in your apartment or house. There are things you didn't know about, or forgot about, or didn't think you had any right to complain about. Things your landlord said were your responsibility, or claimed were in good condition as it says in your lease, so you're afraid to say anything from fear of being blamed for the condition. You can't give up your right to a habitable dwelling except by expressly paying less to fix it up, specified in your agreement. These are all tricks to keep you from taking action. Too late, now. Here's a checklist you can print out. Chances are, you've overlooked most things. Here's a little interesting information about your favorite pet, cockroaches.



Check out this website:
http://www.caltenantlaw.com/Habitability.htm

Answer 2

I would also suggest that the walls and ceilings be cleaned also. They should be wiped down with a mild detergent and bleach solution (protecting all carpets from the bleach). It's also possible that when cleaning the carpets, they got too wet and there is mold and mildew underneath the carpet and padding. A small section of the carpet should be pulled up by the landlord so they can see what is underneath it. You may want to call a professional (cleaning and restoration) in to see if they can find where the smell is coming from. See if they will come out and give you an estimate for free and then give it to the landlord. If he won't do anything about it then you can probably get out of the lease. Document everything in writing and send him a certified return receipt letter (if you haven't done so already) so that you have absolute proof that he knows about the problem.

Answer 3

Yuck! I'd definately take this up with the property manager!

They obviously know there's a problem because they've been in to clean twice. The smoke is just nasty but mildew and mold can also be major health issues. Most property managers are aware of this. If they can't fix the problem and it's really bothering you, not to mention the effect on your occupation, I'd definately address it. If you've decided that you just want out, I don't think I'd approach it from you can't stand the way it smells, I'd tell them you seem to be having allergic reactions, headaches, breathing issues, etc. Mold and mildew's effect on health has been getting a lot of press for several years now. They may let you out of the contract just to get rid of you for complaining repeatedly.
The one problem I can forsee if this gets ugly is that you probably had a chance to see/smell the place before you moved in...you may want to have a response for that prepared. Good luck!

Answer 4

Some assholes left a garbage bag full of trash in my car when I got deployed to the middle east. It was there for 8 months. Needless to say my car you could not even breathe in it. What I did was kept the windows down, put a fan next to it at night and it took about a month to go away. Just use a ton of febreeze, and keep your windows down as much as possible. The key is circulation of the air.

Answer 5

Talk to your landlord about this matter.
If it's a smell that possibly makes you sick also (nauseous) you can tell your landlord that you are physically ill living there and you should be able to work something out.

Answer 6

yes!!!
No one should have to live where they feel unhealthy.
If something has been done twice before and the problem is not resolved, absolutely.

If the landlord sees it differently, keep making him have it cleaned.

The problem will either get fixed, or the landlord will gladly let you out of your lease!! (meaning he will get sick of you and kick you to the curb)
Win-Win