Legal Question in Landlord & Tenant Law in California

Leasing Issue

We recently moved into a new apartment complex and before we signed the lease, the agent told us that the complex was broken up into two sections. We were told that there was a pet section an a non- pet section. We picked the non-pet section because my husband is allergic to animals. He has been having lots of problems breathing in the apartment and we couldn't figure out why. We called the leasing office and they informed us that the previous renters had a cat. We are extremely uncomfortable in our apartment cause it is very difficult to breath. My husband has tried allergy medicine and the carpet has been cleaned 3 times but nothing works. We want to know if we can get out of the lease because we weren't informed of the cat before we moved in and we were told that this was the non-pet section.


Asked on 4/25/08, 4:47 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Leasing Issue

I agree with Mr. Moerbeek.

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Answered on 6/26/08, 10:16 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Leasing Issue

If you have anything in writing that this was a lease for a non-pet apartment, and you can prove that the leasing people knew or should have known of your husband's allergy, maybe. This could possibly be a case of constructive eviction, or of a breach of the covenant of quiet enjoyment. But understand, making a litigation issue out of this will be expensive. So, see if you can negotiate with the landlord to move into another apartment which is pet free. Try mediation if a resolution can't be worked out between the parties. Don't try litigating this as the first choice. And, continue to pay your rent timely until you retain a lawyer, if need be.

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Answered on 4/25/08, 5:43 pm


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