Legal Question in Landlord & Tenant Law in California

breach of contract

hi- heres my question. i signed a lease in an apt complex... i then moved in and noticed the unbelieveable smell of cat urine... well i went to the office and told them that im allergic and they didnt inform me and i immediately need the carpet cleaned...they said ok but that the urine most likely went to the cement. well now its been 3 months later and i get very sick at home. i constantly am sneezing and get horrible stomach aches.... i went back to my office and informed them and they told me that i should have informed them that i was allergic.... isnt it there responsibility to inform me the previous renter had a cat.... or that the smell couldn't be fixed??? i have 2 months left on my lease... but its very hard to stand this.... and they are telling me to bad... i even asked if they could just move me to another apartment.... please what can i do??? im in the right in that they should have informed me previous to my move-in right??? can i try to get out of the lease??? is there a law against this??? or at least against not informing me and expecting me to live in this condition???? PLEASE HELP!!!


Asked on 5/12/04, 10:29 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: breach of contract

I think it is safe to say that an implied term in anyone's residential lease is that the unit will be free from an intense odor of cat piss. Tell them the stench constitutes a breach. You gave them an opportunity to cure the breach and they failed to do so. Tell them that you'll be gone by the end of the month. Then hit the bricks. Be warned that they are likely to chase you for the money, but in truth, according to the facts you've given, you won't be legally obligated to pay.

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Answered on 5/13/04, 1:45 am


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