Breaking out of a lease because of Uninhabitable conditions

[newrenter]

Los Angeles, CA

Long story short--
Plumbing pipe broke b/c of a root and the sewage backup flooded my apartment on Monday 12/06.

Yesterday (10/09), Landlord (LL) and Manager informed me the apartment was ready for me to move in. I went to the unit and find:
-Feces and sewage in the bathroom and closet area.
-The closet in the living room was supposed to be recarpeted, cleaned and was not completed.
-The entry way was still covered in filth.
-Equipment (2 large fans) was left in the unit from removing the old carpet which should have been gone.

I have before and after pictures as proof.

LL informed me the cleaning crew came twice yesterday, which I do not know if this was true or not, but the unit is still unsanitary. I've decided to move and therefore need to break my lease. I found Civic Code 1942 stating that ending my lease is legally valid considering the conditions.

Civic Code 1942
[Which] authorizes termination of the tenancy [of whatever
kind] without notice, upon vacating the unit, where the reason for
leaving is uninhabitable conditions. The conditions do not have to be
so severe as would entitle you to withhold rent. Rather, they are
within the same category [and statute] as repair and deduct remedies.
That is, if the condition negatively affects habitability, you can
either repair and deduct or just leave.

A legally valid reason for the termination has to do with the unit, itself. You can find a legally valid reason for eviction based upon uninhabitable conditions.
[Citation: http://www.caltenantlaw.com/Res-Law.htm#Breaking]

Also-- does this situation constitute breach of implied warranty of habitability by the LL?

I need advice on how to approach the LL about the situation as I do not plan on giving him notice, for the deposit, prorated amount for the remainder of this month, damages incurred to my personal belongings (furniture) and lost wages from taking off time from work in order to move my things.

I'm not quite sure what the LL is liable for and thus what I am entitled to. Please advise.

Thank you for your time and help.

 

[mike]

Los Angeles, CA

Long story short--
Plumbing pipe broke b/c of a root and the sewage backup flooded my apartment on Monday 12/06.

Yesterday (10/09), Landlord (LL) and Manager informed me the apartment was ready for me to move in. I went to the unit and find:
-Feces and sewage in the bathroom and closet area.
-The closet in the living room was supposed to be recarpeted, cleaned and was not completed.
-The entry way was still covered in filth.
-Equipment (2 large fans) was left in the unit from removing the old carpet which should have been gone.

I have before and after pictures as proof.

LL informed me the cleaning crew came twice yesterday, which I do not know if this was true or not, but the unit is still unsanitary. I've decided to move and therefore need to break my lease. I found Civic Code 1942 stating that ending my lease is legally valid considering the conditions.

Civic Code 1942
[Which] authorizes termination of the tenancy [of whatever
kind] without notice, upon vacating the unit, where the reason for
leaving is uninhabitable conditions. The conditions do not have to be
so severe as would entitle you to withhold rent. Rather, they are
within the same category [and statute] as repair and deduct remedies.
That is, if the condition negatively affects habitability, you can
either repair and deduct or just leave.

A legally valid reason for the termination has to do with the unit, itself. You can find a legally valid reason for eviction based upon uninhabitable conditions.
[Citation: http://www.caltenantlaw.com/Res-Law.htm#Breaking]

Also-- does this situation constitute breach of implied warranty of habitability by the LL?

I need advice on how to approach the LL about the situation as I do not plan on giving him notice, for the deposit, prorated amount for the remainder of this month, damages incurred to my personal belongings (furniture) and lost wages from taking off time from work in order to move my things.

I'm not quite sure what the LL is liable for and thus what I am entitled to. Please advise.

Thank you for your time and help.

You have an absolute right to a habitable premises under law. You are right on target. However, there does need a right to remedy. If this was a condition that lasted for a day it's difficult to say that you are able to break your lease and move.

I read the article and I'm not sure that I agree with the synopsis that if you are coincidentally moving and then you find a condition that renders the place uninhabitable like a broken deadbolt, you can just break the lease and leave. I found the California statute referenced and why don't you read what it says about "reasonable notice." Good luck to you... if these conditions last for a few days I think you can break the lease but perhaps not for a day or two. And make sure you keep track of the fact that the landlord knows about the problem and condition.

CALIFORNIA CIVIL CODE SECTION 1942

1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.

(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

(c) The tenant's remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.

(d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.