Legal Question in Landlord & Tenant Law in California

A priest friend of mine rented an apt, signing a year lease. He told the landlord he had very bad asthma and was highly allergic to dogs. Landlord agreed there would be no dogs on his floor. He has had 3 angioplasty procedures too and is approx 64. The tenant below him smokes pot all night and it comes up to his apt and exacerbates his asthma. Other tenants continue to walk their dogs on his floor, even allowing them to urinate in the halls. He has told the landlord this and they "assured him" they're in the process of evicting these people. He even got a letter from his cardiologist stating this was not a helathy environment for him to continue living. The landlord said they will let him out of the lease if he pays $4500. He is paid up till end of Nov. 2011. I thought you were entitled to a peaceful use and enjoyment of your abode, Don't tenants have rights or retribution? What can he do to get out of this lease without paying them? Can we report them to the local police regarding the drugs? Being a priest, he does not have money to hire an attorney. Thank you in advance.


Asked on 11/08/11, 9:46 am

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

Your friend needs to consult with a local attorney. I know you say he cannot afford one, but certainly within his parish there is an attorney willing to assist him pro-bono. There are too many items that need to be discussed - too many facts that need to be reviewed to give you an answer over the internet. Yes, tenants have certain rights as they relate to quiet and peaceful enjoyment of their rental, but you also have to look to his condition - does his unique sensitivity to these matters give rise to a higher duty of care on the part of the landlord? Other tenants would likely not have issues with all but the pot smoke, and even that may not rise to the level of habitability. There are steps he needs to take if he wishes to terminate the lease for the landlord's breach of duty to him as a tenant, but they are so fact-specific that he really needs to find an attorney to assist him.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 11/09/11, 4:14 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California