Legal Question in Landlord & Tenant Law in California

breach of lease

we moved into our apartment one month ago and noticed a musty smell in the kitchen. also, the lady below us smokes and it filters into our apartment. after signing the lease agreement they told us that we need to keep the light on in our kitchen to prevent mold from growing. now our electrical bill will be higher due to this request. we know that they cannot ask the lady below to quit smoking yet had we known that it would filter into our apartment we would have never rented it. so now that we have our potential mold problem, which is what is creating that smell in the kitchen, i'm assuming, and a nicotine chimney below us, we would like to break our lease. legally, how can we do this without having to incur the cost of the remainder of the lease and deposit. please help


Asked on 1/25/08, 9:57 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: breach of lease

You are entitled to the "quiet enjoyment" of your rental premises.

I would send certified letter to landlord that they have 30 days to fix the mold problem and nicotine problem or you will consider the lease as broke and move out.

Then, if not corrected, move out.

Let me know if you need more help.

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Answered on 1/27/08, 3:46 pm


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