Legal Question in Real Estate Law in California

Re: moving without providing a 30 days notice

Yes, you can. Give the landlord written notice that hs is is violating the covenent of quiet enjoyment by holding these events and constructively evicting you from your apartment and that on the next such occassion you are leaving, terminating your tenancy as a result of these issues. This approach may result in litigation, though, and the conservative course would be to give 30 days notice.

Re: moving without providing a 30 days notice

You could have left the day before your lease expired without giving notice. Neither the landlord nor the tenant needs to give notice to the other at the end of a tenancy for a definite term.

However, if you remained after the expiration of your lease, and unless the lease provides differently in a section regarding "holding over" by the tenant, remaining there and the paying and acceptance of rent created a new month-to-month tenancy.

Keep in mind that you can give a 30-day notice at any time; it doesn't have to be given on the rent-due day or on the anniversary of the lease.

If you decide not to tough it out for 30 days, your biggest problem is likely to be getting your security deposit back. You might have to go to small claims court, at which point it would be up to you to convince the judge that you were justified in moving out without notice. The landlord would also have to prove damages and that he attempted to mitigate damages by re-renting the place.

Small-claims judges differ in their abilities, as do litigants in their persuasive skills, so the outcome is not predictible. By the way, "quiet" in the term "quiet enjoyment" does not refer to noice levels in the premises; it refers to freedom from interference by anyone with the rights and privileges granted by the lease. Therefore, it includes loss of pool privileges but not necessarily being subjected to loud music.