Legal Question in Real Estate Law in California

Do i have the right to cancel our lease contract

Last month our house had flood inside the house in three occasions though there was no flood outside the house. When it watered the 1st time, my landlord blamed it to the digging done in the garden. So, in 10 days,he water-proofed the area and dried our carpet. He promised to shampoo the carpet and put the baseboard back but was not able to do so. Water got in again after 2wks. I told him to consult a profl. and make sure that it will be solved before the holiday w/c he assured me of. The water came in again after 2 days. He did not consult anyonebut just leave a word to my spouse that he cannot do anything about it and took off for the holiday. We spent our holiday w/ all the mess in the living rm & us sleeping there (since 2nd time). Also that day, we found the molds in the walls of the bdrm. When he came back, he called me up to say he would return all the stuff back to the bedroom arguing it was just a natural calamity. I got tired of everything & 2 days after I told him that I wanted to move out. He agreed after an argument about the 1-mo prior notice. Can I get my unused half month rent which I prepaid? how about my security deposit? Am I required to give him 1-mo notice?


Asked on 1/14/02, 10:43 pm

1 Answer from Attorneys
Wayne Smith Wayne V. R. Smith

Re: Do i have the right to cancel our lease contract

If landlord agreed, then you should get your unused rent back The security deposit should be refunded in full unless there are other items of damage or cleaning [must be put in detailed notice within 3 weeks of your leaving]. If you get in another dispute, get what you can but do not sign a release; and consider an action in Small Claims court.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete, and is designed for general information to parties under California law. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

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Answered on 1/14/02, 11:47 pm


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