Legal Question in Landlord & Tenant Law in California

Re: I want to move out before my lease is up

Can't really answer either way...a lot depends on the judge, assuming you sue...Trash problem is easy...one time not enough to break lease. Suggest you keep a "journal" and document noise problems. Call the police (non-emergency number), so perhaps they can help. Almost all areas of California have some sort of "noise" law. Also, police calls will be documented. Legally, you have the right to the "quiet enjoyment of your apartment"...but what bothers you may not bother others...probably better if you get other neighbors who will also call police, or make sure that if you do sue, you have other friends and neighbors willing to go to court with you. Bottom line: some judges will allow you to break lease, other won't. In order to file a lawsuit against landlord, you need to go to your local small claims court, and the clerk will give you the paperwork and show you how to file suit. Also, there are various self-help county court websites which will guide through the process. Good luck.

Re: I want to move out before my lease is up

I would recommend giving your landlord a letter confirming that you have complained to him of the noise and trash proplems and nothing has been done to correct those problems. Tell your landlord that he is in breach of the covenant of quiet enjoyment and that you are therefore no longer required to abide by the lease terms, but would like to resolve the matter amicably, instead of having to sue. Ask your landlord to release you from the lease and in return you agree to not sue.