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Hi fellas.. I could really use some help here.. Long story... but Thank you in advance..
I signed one year contract on January 2012 in San Pedro Area.. which I WANT TO TERMINATE BADLY...
I have a few problems to address here..
The major problem being.. one of the tenants downstairs frequently blocks half of my driveway behind my garage, causing me and my wife to perform a near acrobatic move to get out of driveway. I have told her several times to not park there, in a very polite manner, and even left a letter on her car suggesting not to park. However, the problem continued to happen and one day (when i was at work), my wife told her to move the car and she literally screamed at my wife to not bother her and shut the door right in my wife's face. My wife, who has a bit of a health problem, is stressing out and now dropped to under 90 lbs, starting to worrying me...
The thing is, this tenant that has an issue with me is one of landlord's family member and she doesn't seem to care what I do what I tell her.
I tried to call my landlord more than 10 times, which all been ignored. Texted him, which was also ignored.. And, I am really getting worn out from these fights and stressed wife at home...
I also have a shared washer/dryer that has not been working for weeks...
My central heater... which I told landlord to fix (verbally.. stupid me) ever since I moved in, which has not been fixed yet....
IS THERE A WAY THAT I CAN JUST TERMINATE THE LEASE NOW!!!??? without penalties... of course..
Frustration is beyond what I can handle and I am seeking an immediate solution.. Please help.. I'd move out tomorrow if I could..
P.S. I can just forget the security deposit.. but can the landlord charge me through collection and all with copy of my driver's license? He doesn't have my SSN. I just want to get out asap..
First you need to read the CA landlord tenant laws which are probably linked in the first "sticky" on this page.
Second, after attempts to reach your LL to resolve issues have failed you need to address them in writing via return receipt certified mail.
As far as the individual problems are concerned, your garage is presumably included on your lease? Is the driveway you use to gain entry to it your private driveway or is it used in common with other tenants? Whatever the case, you obviously need to have access to the garage and it's the LL's responsibility to ensure that you do.
CA landlord tenant laws will spell out how much time your LL has to fix appliances for whose condition he's responsible after written notice. Make sure that he is responsible under your lease agreement for fixing the washer and dryer as LLs often do exclude repairs to appliances. I'm guessing that since the washer and dryer are shared that it would be his responsibility. After checking everything in your lease and your state laws write to him as said before, about that and the central heating. If he fails to respond and/or fix the problems in timely fashion as set out in the state laws then you go to the next step according to those state laws. Some states allow you a degree of "self help" in having problems fixed yourself and deducting the cost from your rent but each state is different.
No, you can't terminate your lease without getting into trouble unless you follow through on the necessary steps. Once you get the ball rolling then you'll quickly have all the documentation you need to legally prove your case if your LL refuses to do the necessary fixes, you leave, and he takes you to court.
If you do all this properly there's no need for you to lose your security deposit. If you do it the wrong way you'll certainly lose it and the LL can track you down (even with the scant information he has on you) and haul you into court. Your credit will be really messed up and that's something you need to avoid. Many times you'll find that when you do it the right way, a LL quickly realizes you're serious and will toe the line.
Hope this helps. Start reading your state laws along with your lease. Good luck!
It sounds like the landlord wants you out anyway. He is not responding to any of your requests for repair, or any of your concerns. When the time comes to pay your rent, I would talk with him and see if he is open to a mutual termination of the lease with you giving notice and leaving. You might even offer to help him find another tenant even or hang out for a few months until he can fill your place. I am willing to bet that at this point he will not be opposed to you leaving and probably has been doing all of this hoping you would move out anyway.
Not sure how it works in CA but over here if a LL lacks to take care of repairs you have the option to start paying the rent into the court register and the LL will only get the money after the repairs have been done but it cost the LL some money and it is registred so a judge will know that the LL is not taking care as he should.
I would start with writing a certified letter to the LL stating all your concerns and give a deadline for the repairs to be taken place. Make sure you have a copy and keep it save and keep the receipt for the certified letter. If the LL doesn't act than go to court and you should have a clear case to break the lease if nothing changes.
I have heard in the past that judges in CA are more on the side of tenants so you may already start with a 1-0 gain over the LL....
Hi fellas.. I could really use some help here.. Long story... but Thank you in advance..
I signed one year contract on January 2012 in San Pedro Area.. which I WANT TO TERMINATE BADLY...
I have a few problems to address here..
The major problem being.. one of the tenants downstairs frequently blocks half of my driveway behind my garage, causing me and my wife to perform a near acrobatic move to get out of driveway. I have told her several times to not park there, in a very polite manner, and even left a letter on her car suggesting not to park. However, the problem continued to happen and one day (when i was at work), my wife told her to move the car and she literally screamed at my wife to not bother her and shut the door right in my wife's face. My wife, who has a bit of a health problem, is stressing out and now dropped to under 90 lbs, starting to worrying me...
The thing is, this tenant that has an issue with me is one of landlord's family member and she doesn't seem to care what I do what I tell her.
I tried to call my landlord more than 10 times, which all been ignored. Texted him, which was also ignored.. And, I am really getting worn out from these fights and stressed wife at home...
I also have a shared washer/dryer that has not been working for weeks...
My central heater... which I told landlord to fix (verbally.. stupid me) ever since I moved in, which has not been fixed yet....
IS THERE A WAY THAT I CAN JUST TERMINATE THE LEASE NOW!!!??? without penalties... of course..
Frustration is beyond what I can handle and I am seeking an immediate solution.. Please help.. I'd move out tomorrow if I could..
P.S. I can just forget the security deposit.. but can the landlord charge me through collection and all with copy of my driver's license? He doesn't have my SSN. I just want to get out asap..
Sorry for the long story. But please help
Next time she blocks you in have her car towed.
Koale
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my solution...
