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  1. #1
    Join Date
    Apr 2010
    Posts
    2

    Default Can I Break My Lease Due to Noise from Neighbors

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


    I recently found a new aprtment that looked great. It is somewhat new, and looks to be in great condition. Listed as a "luxury apartment". After veiwing the apartment, I asked the manager if there were any noise problems with the tenants above. She replied, "No, never. The walls are well insulated here.". Then I asked, "if there was a noise problem with them, would you be able to move me into an upstairs unit when available?" She replied, "Of course.".

    So, I signed a 1yr lease. The next day I went to take measurments, and I hear the upstairs tenant walking around with what seemed to be lead shoes. My windows were shaking, my sliding glass door was rattling, and the walls were making a cracking sound. Absolutly rediculous. It was like an earthquake.

    Then I went to the upstairs units, to see where she would be moving me next, and it smelled of smoke, which was not there when she showed me the complex. I have asthma, and immediatly left the building. So I would not be able to live upstairs where it reaks of smoke.

    I signed the lease 2 days ago. She lied to me. She had to know that the walls are NOT "well insultaed", considering the whole place was shaking. Is there any way that I can get out of this contract without losing my money or getting stuck paying rediculous fees?

    I was thinking of throwing Civil Code 1942 at the manager, involving noisy neighbors and noxious odors (smoke). Neither of those can be easily fixed, and both cause a serious drop in living conditions for me. Anxiety and loss of sleep from the shaking/rattling apartment and asthma issues if she tried to move me again.

    Any help or insight would be appreciated.

    Thanks.

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Question Re: Can I Break My Lease Due to This

    Have you actually moved in yet? What is the start date on the lease?
    Are you willing to give up your security deposit?

  3. #3
    Join Date
    Apr 2010
    Posts
    2

    Default Re: Can I Break My Lease Due to This

    Quote Quoting 525601minutes
    View Post
    Have you actually moved in yet? What is the start date on the lease?
    Are you willing to give up your security deposit?
    I have not moved in. I signed the lease 2 days ago, and it was active when I signed it. I am willing to lose my security deposit, although it's like giving away 600$ because somebody lied to me. However, they have not cashed my check for everything, so I can void it before it gets cashed if I need to.

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