advice on terminating a rental lease early in CA?

Jan 04, 2013 14:33

Unhappily, our living situation has gotten very unsafe feeling, so J and I are considering breaking our lease. I usually live places for years, and have no experience at this. First thing to do is read the lease, then talk to the company when the time comes.

Has anyone done this, and/or have advice on the topic?

Thank you, Intarwebs!

life, housing

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Comments 8

Here's a good summary kproche January 4 2013, 22:56:04 UTC
http://www.caltenantlaw.com/breaklease.htm

in particular, the info about habitability is important.
(follow the link to http://www.caltenantlaw.com/HabChecklist.htm)

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Re: Here's a good summary lobolance January 4 2013, 23:50:50 UTC
Thanks. You know on thinking about this more, I wonder if we couldn't use the noise as a legal factor? They have a sound wall, but it's proved to be very stressful to live near it, as well as "noise and smells from other apartments permeating our apartment." I don't want to get into more specifics here (or with the landlord) (happy to chat about it with you offline :-) ).

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en_ki January 4 2013, 23:00:10 UTC
Eek. Scary people?

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lobolance January 4 2013, 23:26:49 UTC
I wish we had a clear legal reason to break the lease, but we don't (yet). I could make a legal case regarding other residents, but my desire is to get us out, not them.

I think just talking with the rental company may work, but wanted to put out some feelers.

Sigh.

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kproche January 4 2013, 23:28:31 UTC
Given that you were burgled once already, the habitability clauses may definitely have some weight for you.

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bovil January 4 2013, 23:42:07 UTC
It's easier for them to let you go than evict other tenants. They may still have to let you go if the other evictions don't move quickly, or if they proceed with an eviction in a way that puts you at risk.

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britgeekgrrl January 5 2013, 00:14:51 UTC
Go to the library and look for a copy of the Nolo Press book "The California Tenants' Rights Handbook" (or you can buy it for about $30). I'm not sure, but I'm quite confident it *must* cover lease-breaking and when it's legal to do so.

That book proved veeeeeery useful when a former landlord dragged his feet about replacing the furnace that was spewing CO all through Casa Cthulhu.

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