Legal Question in Real Estate Law in California

Breaking lease do to train noise

There is a train that runs adjacent to my apartment complex. Before I moved in I asked the landlord if it is noisey when a train comes(no trains came during my review of the apartment). She stated no and I have three witnesses who remember her saying 'no'. Can I break my lease without penalty because she did not disclose the truth and because the train is so loud. It wakes me up nightly with its horn. Also, I know of one tenant who was let out of their lease because of it. Shouldn't they do the same for me?


Asked on 2/29/00, 6:17 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Breaking lease do to train noise

A material misrepresentation is grounds to break the contract. you need to convince the court that it is material.

Read more
Answered on 3/14/00, 2:27 am
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Breaking lease do to train noise

If you know a tenant who was let out of the lease for the noise, then they should release you also. However, the legal standard is whether the noise is so bad that a reasonable person would not be able to live in the premises - that is that the premises are uninhabitable. Since you saw the tracks before you leased, you were on actual notice that there was a potential train problem. You should probably have investigated more by talking to neighbors, or making some sort of agreement with the landlord that you could leave without penalty if the train bothered you.

Ultimately if the landlord will not release you then you would have to go to court (small claims) to get out of the lease. Take the other party who was released as a witness.

Read more
Answered on 3/13/00, 6:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California