Need to break apartment lease - help/opinions appreciated (CA) (lease agreement, tenants)

[zsiegs]

I live with 2 other roommates in a 2 bedroom apartment. Long story short, we haven't been pleased with the apartment or management since moving in, and now there's a good chance we will be moving out. It seems we have a case to break the lease without much difficulty.

According to CA Civil Code Section 1941.1,
"(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors."

Our lease agreement says that the landlord agrees to repair any conditions which deem the apartment unlivable as classified by the above quoted.

Both bedrooms in our apartment have skylights around which condensation forms, drips, and mold forms.

After we discovered this, we told the landlord, who took far too long to address the issue, then proceeded to inform us that they could not fix this issue and that we just had to clean the mold ourselves every few weeks.

It does not seem to me that this is part of our responsibility as tenants and that our apartment is untenantable as stated by the CA Civil Code.

Opinions are GREATLY appreciated, and clarifying questions welcome

[jaypee]

Condensation from inside the bedrooms, right? Not water leaking from the outside?
If so, try a dehumidifier.

[zsiegs]

I can't be sure, honestly. Our bedrooms have been incredibly chilly the past few weeks, I'm assuming because the windows let in cooler air. We don't have the heat on, and it's not particularly humid out...

Regardless, we would rather find a better place to live and are hoping that this issue will be enough cause to break the lease without penalty.

[RainbowHope]

If there is mold, this can be a very dangerous thing for your health. If that is concerning, perhaps a letter from a doctor and a consult with a lawyer is in order so you can break the lease.

[Galaxie Girl]

You need to consult local legal aid to see what your options are based on the condition of the unit and what your lease says, as well as what proof you have of what has transpired with your landlord (anything in writing?). Free legal advice on the internet is worth exactly what you pay for it.

[CALGUY]

Because you posted this in the Los Angeles forum, I would assume the property is here in the city.
More than likely it is under rent control, which has rules and regulations different from those of buildings not under rent control.
Code enforcement is basically the same though.
First off, to get the ball rolling, and protect your rights , you need to give your complaint, in writing to the management company.
Make copies of ALL correspondence you have concerning this matter.
Send them a registered letter with proof of acceptance that they will have to sign.
That way they can never say they didn't receive a letter from you.
Depending on the severity of the problem, the landlord has a fixed amount of time to remedy the situation.
It is usually 30 days, but with certain health issues it could be 7 to 10 days.
From what you describe, it would be a 30 notice to fix the item.
If after that time, the problem has not been fixed, you would have to inform the building and safety department (code enforcement) that the problem still exist, and has not been resolved by the landlord.
They will come out to inspect, and again, give the landlord a fixed amount of time to make repairs.
They will come out and re-inspect the property, and if it still is not fixed, they will issue a notice to comply, and they don't fool around.
If the landlord states the problem can't be fixed, that just isn't the case.
Anything can be fixed.
It appears they do not want to spend the money.
Well, once code enforcement get's into it, the landlord has no choice but to fix it permanently, or surrender the unit to the city in the form of having it removed from the rental market until such time that the unit is brought up to code, and a new CO issued for the unit.
All this takes time, but it is your ONLY legal recourse.
You just can't get out of a lease that easily.
There are steps you must follow to do it legally to protect yourself.
If the situation were at the point where someone is physically harmed because of the problem, you have the right to be placed in temporary housing, at the landlord's expense, while the problem is remedied.
Bottom line, you need to resolve this issue through the legal channels afforded you under the laws of the city of Los Angeles.
You just can't walk away and say we aren't living here any longer because there is a problem, and end your lease.
The only way your lease is going to end earlier than it should, would be for the building owner, or management company to default on the repairs in the given time allotted for those repairs.
Bob.

[zsiegs]

Thanks for the feedback folks. I am in fact living in LA and will start looking into the necessary legal procedures.

[Ceece]

Mold is overrated and I'm not seeing a slam dunk "break the lease" case here. You can start whatever legal proceedings you like, and pay for it, but I'd just talk to management and let them know you will be moving, why, and see what happens.

Is this your first apartment?

[jm1982]

I'm thinking the same thing .. Always try to avoid legal proceedings if possible.

It will just stress you out .

[CALGUY]

Originally Posted by jm1982

I'm thinking the same thing .. Always try to avoid legal proceedings if possible.

It will just stress you out .

Sometimes there are no other options, especially if dealing with a landlord that will not own up to his or her responsibilities.
Bob.