Legal Question in Real Estate Law in California

Re: Grounds to break lease?

A one year lease is a one year lease. Oral representations are not part of the lease, and it probably says that no oral representations will be part of the lease unless written and signed by all parties. Sounds like your property is untenantable in part [electricity] and the landlord has failed to act on nuisances [neighbors]. Under Civil Code 1941.1[e], a dwelling is untenantable if the electrical lighting and wiring is not maintained in good working order. Under Civil Code 1942, if you have given oral or written notice to the landlord [written is better proof] to fix the electrical, and he does not do so, then you may elect to repair the wiring and deduct from your rent [if the repair is less than one month's rent], or vacate and terminate the tenancy. This is a valuable right, and may give the tenant an opportunity to terminate if you act within the statute. Get a copy of Sections 1941-1942 off the internet or at a local library. Good luck.

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Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553