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Old 01-06-2021, 06:35 PM
 
1 posts, read 745 times
Reputation: 16

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Hello, I have signed a 2 years lease contract Marin county, CA (6 months left) but would like to cancel the lease because of lots of noise coming for a newly created sports/ recreation field bordering our back yard. Is this a reason to break the lease and still claim back my deposit?

Some more context
The sport/ recreation area is recently opened up (Oct 2020) we have been suffering during the construction period but since the turf field opened up the noise from people/ kids practising sport is a disaster. We cannot quietly enjoy our back yard and even indoors with closed doors and windows you can hear noise.
The turf field starts 10ft from our backyard and next to the turf field there is a side walk (at 6 ft from our backyard) where people are walking and staring into our backyard.

Landlord warned us prior to signing the contract (July 2019) that there were plans to remodel this area into a recreational area/ sports area but plans were not set in stone.

I have been asking him to put a fence etc but he is unwilling to accommodate that.

Any kind of advise is welcome how to approach this.

Best
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Old 01-06-2021, 06:46 PM
 
Location: Riverside Ca
22,146 posts, read 33,563,927 times
Reputation: 35437
Quote:
Originally Posted by Johannes1980 View Post
Hello, I have signed a 2 years lease contract Marin county, CA (6 months left) but would like to cancel the lease because of lots of noise coming for a newly created sports/ recreation field bordering our back yard. Is this a reason to break the lease and still claim back my deposit?

Some more context
The sport/ recreation area is recently opened up (Oct 2020) we have been suffering during the construction period but since the turf field opened up the noise from people/ kids practising sport is a disaster. We cannot quietly enjoy our back yard and even indoors with closed doors and windows you can hear noise.
The turf field starts 10ft from our backyard and next to the turf field there is a side walk (at 6 ft from our backyard) where people are walking and staring into our backyard.

Landlord warned us prior to signing the contract (July 2019) that there were plans to remodel this area into a recreational area/ sports area but plans were not set in stone.

I have been asking him to put a fence etc but he is unwilling to accommodate that.

Any kind of advise is welcome how to approach this.

Best

You can leave anytime you want. In California the rental laws state the landlord has to mitigate. Now...the caveat to doing this is you must pay the monthly rent until the LL find a suitable tenant. What this means is he has to actively advertise the unit but doesn’t have to rent to anyone less qualified than you are. So he doesn’t have to take people, with lesser income credit and overall qualifications just to get a tenant to let you off. You are liable for the rent until the new tenant moves in when and if that tenant is found.
Usually you must keep the utilities on and cannot leave the property uninhabited which is something most leases have as a clause.
The landlord disclosed to you that there will be some sort of development possible at a future date and you still rented. You could of said no a d found another place. You took the chance. He is not required to do anything like build a fence. Which imo would do absolutely nothing to stop the noise.



What I would do if I were you is ask of there is a way to end the lease if you pay say...two months worth of rent as a penalty for early termination.
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Old 01-08-2021, 09:00 AM
 
148 posts, read 137,329 times
Reputation: 149
Quote:
Originally Posted by Johannes1980 View Post
noise coming for a newly created sports/ recreation field bordering our back yard.
noise from people/ kids practising sport is a disaster
I can't imagine a more cheerful, enjoyable sound than hearing kids playing soccer or baseball.
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Old 01-08-2021, 11:18 AM
 
Location: Sandy Eggo's North County
10,311 posts, read 6,861,305 times
Reputation: 16898
Quote:
Originally Posted by Johannes1980 View Post
Hello, I have signed a 2 years lease contract Marin county, CA (6 months left) but would like to cancel the lease because of lots of noise coming for a newly created sports/ recreation field bordering our back yard. Is this a reason to break the lease and still claim back my deposit?

Some more context
The sport/ recreation area is recently opened up (Oct 2020) we have been suffering during the construction period but since the turf field opened up the noise from people/ kids practising sport is a disaster. We cannot quietly enjoy our back yard and even indoors with closed doors and windows you can hear noise.
The turf field starts 10ft from our backyard and next to the turf field there is a side walk (at 6 ft from our backyard) where people are walking and staring into our backyard.

Landlord warned us prior to signing the contract (July 2019) that there were plans to remodel this area into a recreational area/ sports area but plans were not set in stone.

I have been asking him to put a fence etc but he is unwilling to accommodate that.

Any kind of advise is welcome how to approach this.

Best
Think it's bad now?

Wait until Summertime! Even MORE people might glance in your yard when it warms up. Oh, the humanity!

Much drug dealing there at night? Again, wait until Summertime!

Great 1st post though.

Ever see the TV show "BeWitched?" Well, you're "Mrs. Kravitz."
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Old 01-13-2021, 10:04 AM
 
5,324 posts, read 18,275,852 times
Reputation: 3855
You honestly don't have but a few months to go with your lease. Ride it out and be eyeballing someof new digs.
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Old 01-13-2021, 10:36 AM
 
Location: State of Transition
102,218 posts, read 107,999,816 times
Reputation: 116179
I'm wondering why there's so much activity there, during Covid. Are all these people wearing masks, and distancing?
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