My question involves landlord-tenant law in the State of: CA
My significant other and I signed a lease 6 weeks ago, after 2 weeks he noticed increase in health issues. He has severe allergies, including mold. We notified PM of the issue, the put in a new air filter in the apt. This didn't help him, so we informed them we couldn't stay there for his health. We requested to work with PM, possible just to rent another apt in this place. We kept calling asking to speak with the PM, never received any call back etc. finally when he spoke with her, she stated we had a letter taped to our door and that she would not be dealing with us that the ownership company would be. The letter was three lines and stated. They couldn't honor our request to change locations, that our apartment was inspected and it was fine because it had new paint and flooring.
We are now wanting to break the lease, he can't be there without increase in symptoms etc. we aren't staying there and are looking for another place to live.
Can we break under civil code 1942, what proof etc do we need? Public health in this county doesn't do inspections. Other government agencies that I should contact etc?
Also, we have most of our stuff out of the apartment, I have taken pictures of areas we were concerned with. But as we weren't notified with 24 hours about an "inspection"' we never were able to address with PM. If they did do this inspection it was without our knowledge that they were going to enter the apartment. I do know Ca law requires this and it was in our lease for 24 hour notice in anon emergency situation. We weren't given an initial inspection when we rented, she just gave us the keys and walked us to the door. I've read we should request an exit inspection??
Should we give notice now?? we aren't doing 30 days. I was going to send the letter of immediate termination certified mail and surrender our keys this weekend. Is this wise or should we hold off?
Any suggestions and advice would be helpful.... We have both never had this happen before and I have NEVER broken a lease or needed to.