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.

