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First time poster, I apologize if this is the wrong section for this.
I'm currently under a lease agreement until June 12th, 2015 and I would like to discuss leaving on grounds of an uninhabitable apartment and landlord negligence.
The short version of the story is as follows:
Los Angeles (Franklin Village area to be exact, 90068 is the zip)
I moved in on June 12th, 2014 and immediately upon moving in I found out the oven didn't work. It's stated in the contract that they will provide an oven. After 4 months, a free standing oven was installed. However, the old oven that's built into the cabinets was left in. With the installation of the free standing ovens, cabinets and counters in the kitchen were damaged and the landlord has refused to fix this even though it's extremely unaesthetic and I would have never moved in if it looked like that when I checked it out.
I just got off the phone with my landlord to ask if we can break the lease and she says she will let me out on January 31st, 2015 but she will keep the whole deposit ($1,695) for a cleaning crew and to repaint the 2 bedroom apartment which doesn't need repainting at all.
On September 2nd, I called her to let her know of a slight gas smell coming from the old oven. She told me to call the gas company which I did and they shut off a valve that was left on in the old oven. They also checked the wall heater and labeled it a fire hazard and that a piece was broken on it so it doesn't work.
I called her again regarding this and she didn't do anything about it. This past Saturday, she finally sent someone over to clean the oven and fix it. They cleaned it but didn't fix it as they didn't have the part. After I spoke with my landlord today, I'm simply fed up and would like to just leave. I would happily find a new place but I want to make sure nothing can happen to me on a legal basis and I would like to get my deposit back or at least a majority of it.
There have been many other problems and one of the other tenants is actually suing the Landlord for mold/oven not working for 2 years and countless other problems.
Do these conditions fall under the uninhabitable laws of California and allow me to leave without penalty and without giving a notice since it took roughly 3-4 months for the oven to be installed and has been nearly 2 months and the heater is still not working (it hasn't worked at all since I moved in 5 1/2 months ago).
I may meet with a tenant rights lawyer but I need to know if it's even worth it or if I'm screwed until my lease is up.
I have talked to the landlord for a friends apartment where a room just opened up but he can't hold it for long as others are already applying. The landlord loves my friend and my friend has vouched for me that I'm not a problem at all, I simply want whats stated in the lease agreement and if anything is damaged I want the landlord to fix it (if it's their responsibility).
The freestanding oven works? Aesthetics as far as the cabinets is not a habitability issue. Just probably looks like hell. What the other tenants are doing or not going, getting or not getting doesn't affect you. Your LL doubts like a slumlord. But your reasons imo aren't a habitability issue. She is fixing your issues ( granted imo half azz repairs)
The day after the gas company red tagged the wall heater, you should have sent a certified letter to the landlord demanding the repair of the wall heater that the utility company deemed a "fire hazard"! Next you should have been on the phone to the fire marshal's or building department about the "fire hazard" within your unit. If you are going to start claiming habitability issues, you better understand the steps required. Get that letter in the mail tomorrow!; not Friday, not Saturday and not next week; Tomorrow!
Sorry I reread your post. My mistake I confused the heater as your neighbors issues .Your furnace not working falls under uninhabitable. But have you put your repairs in writing? If it's all verbal she can simply deny that you complained. Even if you leave and your deposit should be rightfully returned I'm betting that you'll have to take legal action to get your money
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