Legal Question in Landlord & Tenant Law in California

My boyfriend and I moved into an apartment on October 1st but never signed a lease. We were told that the community was safe and gated which is what I wanted because I am in my 8th month of pregnancy but I've had someone knock on my door 3 times trying to sell bootleg dvds. We have reported roaches, the smoke detector needed a new battery (never got it), our bathroom sink leaked until for two days after notification before the manager sent the guy who installed the cabinet (vanity) instead of a plumber, finally on the 4th day the sent a real plumber who replaced the pipes, the bathtub needed to be re glazed on the 5th day. I got a knock on my door and a phone call at 11:35 at night to let me know someone would be here in the morning between 8am and 10am. I called to get a copy of whatever we signed when we turned in the "holding deposit" and found out that we actually never signed a 12 lease (the manager was reminded of this when I asked for a copy of it). With all of this stress of things not being addressed and it not being ready when we moved in my doctor is concerned about my blood pressure and wants me to bring my stress level down. Can we move out without penalty AND can we get anything back if we move out by the 15th?


Asked on 10/14/11, 8:53 pm

1 Answer from Attorneys

If you never signed a lease, you are on a tenancy at will, which is based on how often you pay rent, presumably monthly. In that case you have the right to move out on 30-days notice. So give your notice immediately and you can move out 30-days later. You can move out sooner, but you will still be responsible for 30 days of rent from when you give notice.

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Answered on 10/15/11, 11:57 am


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