Legal Question in Landlord & Tenant Law in California

breaking of lease
We rented an apartment, signing a 3 month lease and paying $2050.00 for first month and deposit, rent being $825.00 a month. We moved in on a Saturday. Around 4 am on Sunday morning the neighbor started playing thier car stereo extremely loud. We thought the husband was drunk because we could hear both male and female voices but could not make out what was being said. After about 30 to 45 min. of music a female comes pounding on our door. She proceeds to yell at us about how we are making too much noise and are waking up her children. She tells us how the walls are paper thin and that she has had problems with everyone that moves in. And that the owner should have told us this since it is the reason no one stays for very long, moving within a couple of months. Then she tells us she knows what we do, that we are drug dealers. We politely get her to go and move back out the next day (Sunday). How do we cancel the rental agreement and get our money back?

Asked on 8/12/08, 8:13 pm

Robert L. Bennett Law offices of Robert L. Bennett

0 users found helpful

0 attorneys agreed

Re: breaking of lease

While it sounds sensible to move out, legally you were wrong.

It will be difficult to get your money back, unless you sue landlord in small claims

The landlord may not even know you have moved out.

I suggest you retain an attorney, if for no other reason than to notify landlord of your move, the reasons why, and demand for a return of deposit.

The law guarantees you "quiet enjoyment" of the premises. You, obviously, didn't receive this.

Good luck!

Answered on 8/13/08, 10:37 am

Keywords

Match Any Match All

Country

State

Area of Law