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

I am trying to get out of my 1 year lease in California. It runs from September 2011 to September 2012 so there are only 3 months left. There is an Addendum in the lease that I signed in which the penalty for breaking the lease is about a $4,000 penalty.

The approach I am taking is to get out of the lease legally under California Civil Code section 1942 for "noisy neighbors". In the floor above me someone constantly is playing their drums, loud music, during the quiet hours of 10pm to 8 am.

I made a verbal complaint in April to the leasing office, followed up in May with a written letter essentially saying that this is becomming an uninhabitable situation and for the apartments to address it immediately or I would be forced to move out. On my 30 day notice, I stated how the final straw for me was waking up at 5 in the morning to drums being played, and calling the security/patrol only to have my call be sent to voicemail.

Can the apartments go after me and my credit history, and do I have a reasonable case? I have always paid my rent on time, have only 3 months left so on the surface it wouldn't seem I have any ulterior motives.

I expect that my unit will be rented quickly (live in a nice location and high quality apartment) and they will charge atleast 100-200 more to the new tenant then what I am paying now, so in a way they may be happy to see me go.