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Old 11-27-2007, 09:59 AM
 
Location: San Jose, CA
7,688 posts, read 28,721,016 times
Reputation: 3619

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I need to break my lease. I've had several times more problems in one month at this place than I had at my old place in close to a year total.

- Broken furnace
- Broken thermostat (once that was fixed)
- Broken shower head
- Mail gets mangled by postal carrier
- Downstairs tenant, frequent loud music with front door wide open
- Separate apartment across the parking lot, loud music with front door wide open
- Cigarette smell drifts up from aforementioned downstairs tenant
- Motorcycle noise so often you'd think there was a parade

In all, it's such a step back from what I had before my old apartment had a fire, it's absolutely galling. I can't believe such a nice-looking place would turn out to be such a source of stress, lost sleep, and inconvenience. I was brought up to respect my neighbors and to have pride in the place where I lived. I just can't live with people who wear the fact that they grew up on the wrong side of the tracks on their sleeves. I haven't had a single enjoyable day in Redwood City.
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Old 11-27-2007, 12:14 PM
 
Location: Tampa baby!!
3,256 posts, read 8,795,160 times
Reputation: 1848
I am sorry you're still dealing with this mess. However, I think the only thing that may be grounds for breaking the lease, is the smoker that is actually on the premises of where you're renting. Maybe you could just get together with the landlord to compromise somehow on letting you move out. You could say it's for health reasons I guess, say if someone were allergic to cigarette smoke or has asthma?? As for the other issues, unfortunately you can't really hold your landlord responsible for what other neighbors do. I've had bad neighbors in the some very "nice" neighborhoods.
You could always call the police and inquire about their noise pollution laws.

Anyway, I hope it works out for you. Good Luck.
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Old 11-27-2007, 01:52 PM
 
28,024 posts, read 62,383,216 times
Reputation: 23004
Quote:
Originally Posted by sonarrat View Post
I need to break my lease. I've had several times more problems in one month at this place than I had at my old place in close to a year total.

- Broken furnace

I've cited the California law pertaining to Habitability. A unit must be Habitable in order to charge rent.


Standards of Habitability

California Civil Code Sections 1941 and 1942 define a landlord's responsibilities for repairs. Section 1941.1 requires landlords to provide the following:

Effective waterproofing and weather protection of the roof and outside walls, and unbroken doors and windows.

Plumbing, electricity, and gas facilities in good working order.

A reasonable amount of hot and cold running water, and a sewage disposal system.

Adequate and safe heating facilities.

Electrical lighting, with wiring and electrical equipment which conforms with the applicable law at the time of installation, maintained in good working order.

Floors, stairways and railing, maintained in good repair.

An adequate number of containers for garbage and rubbish.

Buildings and grounds which are free of rubbish, garbage, rodents, and other pests.
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Old 11-27-2007, 03:08 PM
 
Location: San Jose, CA
7,688 posts, read 28,721,016 times
Reputation: 3619
They fixed that. It's just an example of the string of problems I've been faced with in the space of one short month. It's more than I can take, and certainly more than I'd like to be charged $1100 for.
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Old 11-27-2007, 05:05 PM
 
Location: Tampa baby!!
3,256 posts, read 8,795,160 times
Reputation: 1848
Quote:
Originally Posted by sonarrat View Post
They fixed that. It's just an example of the string of problems I've been faced with in the space of one short month. It's more than I can take, and certainly more than I'd like to be charged $1100 for.
Out of curiosity then, have you spoken to the landlord about the smoker or their noise? And how did they respond? You haven't said if you've taken any measures to try to get out of the lease. I know it would have to be a pretty serious issue to be able to have cause to move after only one month. If months go by and the landlord has does nothing to try to fix problems, then that's a slightly different story. Weren't there other issues you with permits etc? Have you tried that route?
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Old 11-28-2007, 08:02 AM
 
Location: San Jose, CA
7,688 posts, read 28,721,016 times
Reputation: 3619
Quote:
Originally Posted by floridadreamer View Post
Out of curiosity then, have you spoken to the landlord about the smoker or their noise? And how did they respond? You haven't said if you've taken any measures to try to get out of the lease. I know it would have to be a pretty serious issue to be able to have cause to move after only one month. If months go by and the landlord has does nothing to try to fix problems, then that's a slightly different story. Weren't there other issues you with permits etc? Have you tried that route?
You're confusing me with someone else, there were no issues with permits. This is a conventional apartment. They've talked about taking action against the downstairs neighbors, but she said it would take 60 days just to evict them because they'd been there so long. And they're not the only source of obnoxious noise - and there's not much I can do about the other one short of involving the police, and I don't want to open that can of worms.

I just want my old place back. I had it good there until the place burned, and now it's beginning to open up again.
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Old 11-28-2007, 09:25 AM
 
Location: Bike to Surf!
3,080 posts, read 10,920,347 times
Reputation: 3021
I'd try talking with your landlord about it. Try to work something out where they let you out of your lease early on friendly terms. Tell them if they aren't willing to work with you, you'll start looking into your legal options.

They probably won't want to deal with another problem tenant and will be willing to compromise. If not, you can start looking through the internet for tips on how to use California law to break your lease. There's plenty of them out there.
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Old 11-28-2007, 09:36 AM
 
Location: Tampa baby!!
3,256 posts, read 8,795,160 times
Reputation: 1848
Quote:
Originally Posted by sonarrat View Post
You're confusing me with someone else, there were no issues with permits. This is a conventional apartment. They've talked about taking action against the downstairs neighbors, but she said it would take 60 days just to evict them because they'd been there so long. And they're not the only source of obnoxious noise - and there's not much I can do about the other one short of involving the police, and I don't want to open that can of worms.

I just want my old place back. I had it good there until the place burned, and now it's beginning to open up again.
Yes, I guess so. The original poster mentioned the probable lack of permits as well as someone that smokes. I just assumed you were the original poster without looking.
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Old 11-28-2007, 09:45 AM
 
Location: San Jose, CA
7,688 posts, read 28,721,016 times
Reputation: 3619
I spoke with her and her main problem is getting the place re-rented. I offered to show the place, fully staged with my stuff, on my own time once I get word that I can move back into my old place.. it should rent easily since the location is golden on paper, and I've already dealt with the BIG problems..
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Old 11-28-2007, 09:47 AM
 
Location: Land of 10000 Lakes + some
2,885 posts, read 1,914,595 times
Reputation: 346
I tend to be cynical about landlords in cities where people are crying for apartments. If you actually brought it to court (having to pay lawyers' fees, which it doesn't sound like you want to) and won, you would probably be kicked out anyway if the illegality of the rental became known and/or the fact that the apartment is not up to code.
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