Legal Question in Landlord & Tenant Law in California

Breaking Lease 2 months early

We have contacted our landlord several times about leaks, repairs that are needed, black widows and noisy neighbors and they will repair what needs repaired that only lasts a couple days before we have the same problems again. We now have mold and mildew and we just brought home a newborn baby and don't want to be in these apartments anymore. They denied us to move out early without penalty but also offered to transfer us to another apartment. We told them we do not want to be in the company because we know another tenant who moved out due to rats. What are my rights here?


Asked on 3/30/09, 1:18 pm

1 Answer from Attorneys
Thomas Gallagher Law Offices of Thomas F. Gallagher

Re: Breaking Lease 2 months early

In California, the implied warranty of habitability (IWH) requires that landlords provide a safe, inhabitable unit to tenants. That means you may inform them that they are breaching that warranty through unsafe conditions such as mold, rats, mildew, leaks (it appears you have numerous potential grounds).

If you have a month to month lease you may just give 30 days notice. Otherwise, cite the IWH. If they still refuse to release you, you may want to go to small claims to recover security deposit, moving expenses, etc., but be sure to document any unsafe or "uninhabitable" condition before moving out.

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Answered on 3/30/09, 3:09 pm


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