Legal Question in Landlord & Tenant Law in California
Breaking a lease
I have been living in my apartment for over a year now. There is a really bad cochroach problem and most neighbors in my building have broken their lease and moved out because of it. It has been getting worse and I have complained and written many letters numerous times to the office and management. I was finally told that they would have someone come in and spray for the problem. No one ever came in to spray so I contacted them again and I was told by management that they are not discussing the issue with me and I was treated very rudely. At this point I cannot live in that apartment. I have cockroaches crawling on me when i'm sleeping and when I move out I cannot take most of my furniture due to the fact that they may have laid eggs in it. I want out of my lease and I want my whole secrurity deposit back for compensation for loosing my furniture. What can I legally do about my situation?
4 Answers from Attorneys
Re: Breaking a lease
First write a letter to the owner of the building with a copy to management stating in detail how bad the roach problem is, that they said they would spray and never did and now will not even discuss that with you, how many people have moved out declaring the building a health hazard. Tell them that because the premises are unhealthy they have constructively evicted you so you will be leaving by "x" date but you are also reporting them to the Health department [before you send the letter, contact the local Health Department and tell them want is going on; any eviction made within 6 months is then considered to be in retaiation for the report]. point out the furniture [and maybe your clothing] can not be used anymore, get an estimate of the replacement cost, take pictures of the good looking furniture,and move out as soon as you can. Try to get pictures of the roach or the droppings they leave behind.
List what you have given the owner as to last months rent and and other money and state you want the entire amount back because they essentially kicked you out of the place. Also demand the value of the items you have to leave behind and tell them they can have those items.
If you have any problems you can give me a call.
Good luck.
Re: Breaking a lease
The landlord has broken the lease by not providing habitible permises. You should sue for the rent paid for the time that it was inhabitable and for the destruction of your property.
Re: Breaking a lease
Follow the advice of Mr. Shers and Mr. Ebersol!
Re: Breaking a lease
Follow the advice of Mr. Shers and Mr. Ebersol!
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