My question involves landlord-tenant law in the State of: California
My roommate and I entered into a one year lease beginning October 1st 2008. We live on the second floor of a three story building in which the second and third floors are apartments. The first floor is occupied by a restaurant. A month ago near the end of January 2009, there was a grease fire which occurred in the kitchen of the steakhouse on the bottom floor of the building. The entire building was evacuated for the remainder of the evening while the firemen put out the fire. The restaurant was forced to shut down for a week while repairs were made. Since then, the restaurant has been open again for about three weeks, yet my apartment (which is directly above the kitchen of the restaurant), continues to smell like fire and smoke.
I have been diagnosed with fairly bad migraines since I was about 10 years old. Up until now, I haven't been getting migraines very frequently for years. Unfortunately, I live and breathe that smell of fire and smoke every day now. As such, I cannot go more than a day without feeling the wrath of a migraine.
My lease agreement states “Lessee acknowledges that if the Premises or building is damaged by fire, flood, earthquake, or any other cause so as to render either of them uninhabitable and therefore destroyed, the tenancy is terminated.” I would like to end my lease agreement without penalty since my apartment is uninhabitable due to the recent fire. It is harmful to my health, as it is the cause of my increase in migraines.
Also, my girlfriend (who is not on the lease) has been living with my roommate and I for the past month. As per the lease, I am should not allow anyone, other than the other lessee, stay for longer than 14 days within a six month period. However, the landlord doesn’t seem to mind at all. We get along with him well, he knows that she is living in the apartment, he even suggested that I request for another key to be made from the lessor.
With these circumstances, should I approach my landlord or the lessor company in trying to end the lease without penalty?

