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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Exclamation Breaking Lease After Break-in and Multiple Other Concerns

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

    I want to know if I have just cause for moving out before my lease is over. I am in a 6 month lease and I am less than 4 months in. When I first moved in, I complained to the management that there was a lot of noise coming into the apartment from the walkway. The door was also missing a threshold and sweeper at the bottom, so there was a 1/2inch gap between the door and the floor. I thought that might have something to do with the noise levels from the hallway. After three weeks, they installed a threshold, but that still left about 1/4 inch gap. The noise continued but I did not continue to complain. I wish I had.

    When they installed the threshold, maintenance showed up without my knowledge even though I specifically requested to be notified. Since then, I have gotten several notices that maintenance is going to enter my apartment to to spray for pest. I've never requested it and the notice usually says "tomorrow from 9am - 5pm" so I always miss them when they come in. Most recently, they sprayed for bed bugs without informing me. I was being bitten but I hadn't figured out what the bites were and they took all my sheets off my bed so that when I came home, my bed was thrashed.

    Four days after they sprayed for bed bugs, someone climbed on my balcony and entered my apartment through the glass door while I was sleeping. Luckily (or unfortunately), the only thing missing was my laptop. The balcony has an automatic light that the building controls and it has never functioned, which I think helped the robber. I filed a police report and have renters insurance. Then, I called the assistant manager and told him about the break in and my concerns about people coming in my apt from maintenance when I'm not home. He basically told me he wasn't going to do anything about it. I emailed his superior and had a meeting with her a week ago. I reported my concerns and asked for the light to be fixed. I also asked what my options were if I wanted to move. She told me I would need to pay a month and a half additional rent. That's not an option for me. She also offered to move me into another unit in a different building if I paid a $500 relocation fee. I told her I'd think about it.

    After that meeting, I did research into civil code 1942 and called her yesterday, telling her that I planned to leave because of the conditions. I also resubmitted request to deal with the noise and complaints about the general dirt and grime in the common areas. The elevator also has rotting floorboards which I reported to the city.

    Today, maintenance showed up to fix the balcony light, and the supervisor told me that there's one person assigned to go building by building and check the light but that because they own so many buildings, he hasn't gotten to this one in the last 4 months. Apparently, the light had been removed by a tenant and maintenance replaced it so that it's now working. The supervisor also told me that he'd be back to fix the door tomorrow.

    The fact is, I still want to leave. So, I'm wondering if I still have any legal grounds now that the light and door are fixed? Health inspectors will be investigating my complaint so if they cite the owners, will this help my case?

  2. #2
    Join Date
    Jan 2006
    Posts
    21,248

    Default Re: Breaking Lease After Break-in and Multiple Other Concerns

    CVC 1942 does not allow what you think it does. It only addresses issues of habitability. The issues you spoke of are not issues making the unit untenantable and therefor, would not be cause to terminate the lease.

    Beyond that, since the issues are repaired, it would be moot.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Breaking Lease After Break-in and Multiple Other Concerns

    I trust you understand that even if the light had been working, a robber could disable it. Break-ins can happen regardless; that doesn't make the place uninhabitable.

    Your post doesn't mention anything that would give you an "out" on the lease.

    You should google the topic of "California landlord tenant" and read the state's booklet.

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