Legal Question in Civil Litigation in California
I am having a difficult time living in my apartment complex. Constant noise (slamming doors, hearing people have sex, ect..) I even have my neighbor leave garbage out and it smells. I have taken a picture of the garbage, and have written documentation dating for almost 2 months about the noise. I want to end my lease, am I able to do so? It is a one year lease, $1,595 per month. I have been there 2 months. I want out! I even assume possible retaliation from a neighbor, my car was keyed. I have photos as well.
1 Answer from Attorneys
It does not sound as though you really have a very strong case. Noises from other units is a very common matter and you should have noticed it within a few days and complained to management. You have to show something unusual. If you give the landlord a thirty day written notice, he can charge you for lost rent for a reasonable period of time [usually a month] or until someone rents the unit [you can try to find that person]. Penalty clauses in leases often are not enforceable. If you have no assets and do not earn that much, you are basically judgment proof so there is little purpose in the landlord going after you. Speak to them about the problems, see if there is a much more quiet unit elsewhere in the building.
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