Breaking an Apartment Lease in CA?

Question

I signed a year agreement for an apt May 07 and have come to the conclusion that the apartment isn't what it was cracked out to be. For instance, my bedroom window doesnt close all of the way and only locks on one side so there's a constant draft. We notified them office of this our 1st day there. The laundry room on our floor is supposedly "under construction" although I have never seen anyone there working on it. And to top it off, our apt contains a garbage shute. And the door to the dumpsters is always open b/c a hinge is apparently broken on the door. So when I walk my guest by to get to my apt you can smell the garbage and see a ton of flies flying around. Its embarrassing and very unsanitary. Me and my mom decided that we dont want to stay there anymore b/c they're making no effort to try to fix the problem. But my lease says if i break it then i am responsible for the remainder of the lease. What can I do to get out of my lease? PLEASE HELP!!!

Answer 1

you need to notify your building management in writing that they have a week to make the repairs. if they do not make the repairs u have the right to hire or make the repairs urself, provide documentation (receipts) and deduct the cost form your next monthly rental payment. if not theres not much u can do beside that. if u go down in person and express ur dissatisfied they might let u out of the lease but chances are u will likely loose ur security. (there is always some sort of penalty involved when breaking a lease) but i suggest making the repairs this way you are happy and things are up to your standards and u wont be charged exttra for doing it urself. good luck!

Answer 2

You ARE responsible for the remainder of the lease. Continue to send your complaints to the management IN WRITING, so that you have a paper trail of evidence. However, the complaints you list do not seem to be of the type which would qualify you for a lease voidance. You would need to show evidence that YOUR unit is not providing a safe and healthy living environment. The fact that you walk past flies on the way TO your unit doesn't make your unit unsanitary or unhealthy. Simply keep pestering the management about your issues until you get resolution.

On another poster's response, in California you do NOT have the right to give them a week to make repairs, then do it yourself and deduct the cost of the repairs. Don't even THINK of doing that.

Answer 3

Since your decision to do or not do has legal & personal consequences something like this should really be addressed by a legal beagle in California. However you should be informed as to what all the law says you can and can not do in California regarding landlord and tenant agreements. To that end here are some links that might help you to understand those issues.
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=72145723910+1+0+0&WAISaction=retrieve

HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tenantrights.cfm

Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/legal/landlordbook/

Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/

Home owner and renter assistance programs: http://www.ftb.ca.gov/individuals/hra/index.html

California Civil code - CONTRACTS – Sections 1619 – 1632: http://www.lectlaw.com/files/bul15.htm

I wish you the best of luck

Answer 4

Look in the government section of your phone book for county numbers- find one for housing... call and tell them you are having renter issues and would like the local number for the department that can assist you. They will take care of it for you, but make sure you submit your requests in writing to your apartment complex first, and SAVE A COPY. Take note of dates. If you just up and move out, you will have to pay. Do it right, by contacting the housing people, and if it is not fixed within a certain amount of time (usually 7 days) you can legally move out with no penalty, probably even get a refund for deposits, etc.
I know, because I just moved to IA, and had a major rental issue- I had to find all of this out on my own!!! Good luck :)

Answer 5

i've got no longer ever broken a hire yet evidently such as you ought to start with the help of contacting the landlords. young little ones working around exterior is something that must be excepted. The couples combating no longer lots. i might initiate with the help of telling the owner related to the region. they could no longer word of the loud fights, demanding dogs. you may constantly call the police over the fights. i does no longer sublet the place of living devoid of examining your hire. It possibly against your hire and could reason extra concern then basically basically breaking the hire. i might clarify to the owner that its louder then you definately excepted, and the combating and the dogs are something which could and could be addressed first. What are the guidelines of the complicated? the place I stay its "quiet" hours from ten pm to seven am. extremely the noise point desires to be at a minimum. For the main area its extremely quiet. there is specific parking rules too. If there are not any rules ask for some to put in place. If all else fails pass. i do no longer think of the owner might purposely no longer hire the region out. i think of that they might want their place finished extremely then be partly empty to get even.

Answer 6

you have to decided will a judge believe the problems you have with the apartment, combined with the landlord refusal to fix results in a material breach of the contract thus voiding the lease, if the judges decides not then you are liable