Breaking a Lease Due to Erratic Neighbor

[Rush Wayne]

My question involves landlord-tenant law in the State of: California

My family moved into an apartment in July 2009. Each year since, we have renewed our 1 year lease. In September of 2011, a new tenant moved into the apartment across the hall from us with her 3 children. Beginning in January of 2012, this person started causing a disruption. In January, the police were called to her apartment because she had overdosed on alcohol and drugs. This caused her to be charged with child endangerment and her children were removed from the home. In March 2012, she overdosed again and again the police were called. In April 2012, she moved in a roommate and they immediately began fighting. The yell at each other all hours of the day and night and can be heard in adjoining apartments. At the end of May, this person was banging on our door at 3:30am. When I answered it, she was clearly drunk and possibly high. She was standing at my door holding a tumbler full of vodka. The next morning, the fighting with her roommate started around 7:00am and at some point someone in the building called the police. They came and broke up the fight, but nothing else was done.

After that incident, my wife and I decided we had put up with this long enough. With younger children in the house, we don't feel it's a safe environment anymore. Our lease expires July 31st, but we would like to leave July 1st. We started looking for another place to live back in March after the second overdose and we finally found someplace. The issue is the apartment manager refuses to work with us at all. We were told we need to pay all the way through July and if we leave 1 day earlier, we will e hit with a $2500 cancellation fee. We have complained about all the incidents in the past, and I know that other people in the building have as well. Is there any way to get out of this lease? Aren't we entitled to "quiet enjoyment" of our apartment?

If anyone can cite the civil code that would allow us to break this lease a month early, I would appreciate it. If there is no way, we'll probably just tough it out, but we will end up losing out on a great place that we could get in to now.

Thanks in advance for any advice.

[jk]

If there is no way, we'll probably just tough it out, but we will end up losing out on a great place that we could get in to now.

It might be tough but you are talking of only one month. Give proper notice to move at the end of July. Rent the other place now and start moving. Granted you will have double rent for one month but given the situation, I would find a way to make it work

[Rush Wayne]

It might be tough but you are talking of only one month. Give proper notice to move at the end of July. Rent the other place now and start moving. Granted you will have double rent for one month but given the situation, I would find a way to make it work

Unfortunately, you're probably right.

One more question. We signed our year lease on July 15th, 2011. Wouldn't that mean that the lease would be up on July 14th, 2012? They are claiming it doesn't end until July 31st, 2012. Does a year lease really cover 382 days? It wouldn't hurt as bad if we only had to pay rent prorated to the 14th.

Thanks for your response. I really appreciate it.

[jk]

your lease expires when it says it expires. Usually leases short the first month, if you do not move in on the first, so after that, it runs on a calender month.