Legal Question in Landlord & Tenant Law in California
Do I need to give 30 days notice?
I have been battling with the property management company since moving in about 3 months ago. The heater did not work when I moved in, but was told many times before moving in that it would be repaired. It still has not been fixed. There are other problems (cat odor from prior tenant, broken windows & locks, more) that also have not been fixed. I'm confident I can break the 1 yr lease without issue, but I would like to leave asap. There is mold on the windows from a recent storm (I told them today) and with no heat, my lungs and sinuses are suffering. I would like to know if I can leave without notice, and if I should file in small claims court to protect myself. I really don't want to get into a legal battle, but I want to get out of here. I have not sent a certified letter, but I have sent emails and spoke to them in person and over the phone. I have kept a detailed record of each conversation, and the status of each maintenance request.
1 Answer from Attorneys
Re: Do I need to give 30 days notice?
You have done your homework very well.
Send a certified letter, return receipt, and give them seven days to fix everything. Also, tell them by e-mail that this is coming, so they are aware of time constraints.
Your records of conversations and e-mails are superb.
Landlord tenant laws call this a constructive eviction, however, be aware that the only fact you mention that allows you to move is the heater.
You can use "repair and deduct" methods for the other problems; such as cat odor, broken locks and windows. etc. You should add all of there complaints, also, to your certified letter.
Continue keeping your detailed records, but wait to see what happens with the heater.
You, also may want to retain an attorney, to write this company, as these letters frequently get the management company moving.
At this point, you should not file in small claims, but you certainly have enough to defend yourself.
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