Legal Question in Landlord & Tenant Law in California
Lease breaker?
After 3 A/C professionals in 5 weeks, landlord said the roof and insallation needs repair and wrote in email she was getting a bid from Home Depot. That was July 27th. She never did and said it was too costly.
My lease ends in October 07. Can I move legally and what notice, if any, do I need to give? Will I loose 1,250 lat mnth I prepaid?
1 Answer from Attorneys
Re: Lease breaker?
There is an implied warranty of habitability meaning the landlord guarantees decent living conditions, whether it is spoken, written, or never mentioned.
You can sue for all or part of your rent back (rent abatement).
You need to write (certified) to landlord, demanding a refund, or retain an attorney to write the demand for you.
You can also consider the lease broken, and move (with proper notice to the landlord).
Your letter should give the landlord a few days to make repairs.
You should also notify the local fair housing office, or housing inspector's office and have the proper authority come out to make a report.
E-mail, or call, my office if you need more.
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