Legal Question in Consumer Law in California

Apartment Rental Lease Break Fees collected unfairly

I stayed for 3 years continously. In Nov 2001 I signed a lease agreement for 6 months i.e., from Nov 30, 2001 to Ma 31, 2002 which said I will have to pay 1 month rent if I was to break the lease. I had to vacate the apartment by Mar 18, 2002, which is 2.5 months approx from the end of lease period and Payed 1 month of rent as Lease Break fees.

There are several reasons I had to vacate:

1) Lot of disturbance from the water fountains next to apt(Not maintained properly. Timings were irregular, I used on even in the winters from 6:30AM to 10PM.)Requested to change the timings and reduce the water pressure of the fountains. Was not done.2)There are 2 big red wood trees with all the branches covering the outside view of the apartments. Were not able to get the day light properly and see the outside view properly. Requested the Rental office several on occasions to trim the branches a little bit. Which was not done. 3) The Property Manager mentioned that if the tenant is having any Job layoff problems, she would not charge the Lease Break.


Asked on 3/26/02, 1:53 pm

2 Answers from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: Apartment Rental Lease Break Fees collected unfairly

I guess you are wondering if you can get your 1 month back. Maybe, but probably not. The items you are complaining about would not carry much weight with a judge. You are lucky she doesn't hold you to the full term of the lease. You could have held out another 2 months, and not paid anything.

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Answered on 3/27/02, 1:14 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Apartment Rental Lease Break Fees collected unfairly

That's very interesting. Be sure to write again sometime. Next time, feel free to include a question you want answered.

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Answered on 3/26/02, 10:01 pm


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