Legal Question in Landlord & Tenant Law in California

Two female friends of mine who have a 12 year old female child, recently signed a one year lease agreement for a three-bedroom apartment in Long Beach. They paid the deposit and the first month rent on 11/15 and started to move in that day. However, on the first day they moved in tenants appeared around their apartment whistling and making catcalls as they moved their things in. Some made gestures and said inappropriate things. In addition, the neighbors above them were stomping and several tenants in the complex were playing banging as well as loud music throughout the day. My friends became concerned for their safety and their 12-year-old daughter�s safety and decided to leave due to several men lurking about gawking and saying things at them. They went back to the office and stated that they wanted out immediately and stated their grievances. The manager stated that they had lost the original signed rental agreement however, they supplied a generic copy and showed them in the contract that if they wanted out now they would have to pay an additional $2000 early termination fee as well as forfeit their first month rent ($1700). They felt boxed in and unknowingly agreed to the deal to get out of the contract and paid the $2000. The manager returned their deposit of $300 and sent them on their way. Is there anything that can be done about this or are they legitimately out the $3700?


Asked on 11/23/13, 10:11 am

1 Answer from Attorneys

Unfortunately, your friends jumped the gun. Your friends had a right to what the law calls "quiet enjoyment" (which is more than just noise level) that is implied in every lease, but before they terminate the lease for breach of the implied obligation of the landlord to provide quiet enjoyment of the tenancy, they had to give the landlord an opportunity to cure the problem. The good news is that the amount they are being charged is almost certainly excessive and illegal. When a tenant terminates a lease before its term is up, the landlord must take all commercially reasonable steps to re-rent the property as soon as possible, and they can only claim the actual lost rents from when the tenant leaves until a new tenant starts paying rent, plus reasonable advertising costs, etc. If the landlord fails to do so they are only entitled to what it would have cost them in lost rent and expenses had they taken all reasonable steps. Your friends should take the owner to small claims court and demand proof of the actual costs to the landlord, and return of the balance of what they paid over and above those costs.

Read more
Answered on 11/23/13, 10:26 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California