specialboy
New Member
I have done some research but am currently a medical student w/o much time to do much more before my test on friday so I'll give some background then ask the question. we had been with the current landlord for 1 year prior and reluctantly resigned a lease with him beacuse the previous lease term terminated during our boards exam (equiv to your Bar exam). But there was a trend of inattentive and unprofessional behavior last year as well.
we are trying to proceed with an early termination of our lease under civil code 1942 based upon the following:
1) Lack of Quiet enjoyment: Have request verbally and had included in new lease as addendum for blinds to be placed in appartment. windows are at ground level facing a frequently used walkway allowing everyone to look inside. Have been after the landlord to install the blinds and the addendum states for them to be installed by sept 1...they still are not there!
2) Lease stipulates entitled use of parking space adjacent to unit but the space is not designated and now with influx of tenants into complex said parking no longer available.
3) Influx of new tenantscreated large parking issue such that a) cars commonly block thiers and neighbors garages for lack of parking spaces b) cars commonly park in locations the fire department have deem hazardous as they prevent access to emergency vehicles.
4) Gang activity directly outside of gated community and cars frequently broken into less than 10-20 ft from entrance to complex.
5) Bad faith: Issues currently with landlord as not a trustworthy individual (currently under investigation for fraud issues) and has repeatedly claimed to not recieve rent checks sent to him via post. One such parcel recently was deposited into an account some 7 months later with alterations to the checks. Currently this event is being investigated by our banks and the authorities. So far we have been told that the bank where the checks were deposited was the same used by our landlord. Highly suspicious of landlord.
I think that i have accurately justified the use of civil code 1942 to terminate the lease and I have already sent the landlord an email concerning these issues and his response has been non-plus- nonspecific dates for repair-per usual- and defered ability to address these issues to another entity the HOA which still has no bearing on our lease terms. according to other landlords in our townhouse complex he like to brag about taking advantage of students and feel that that has been what he has been trying to do the entire time.
So now my question: Are we required to give notice 30 days in advance for our termination as stated in the lease or does the Civil code allow us to make our exit by october 1st? we would prefere to leave by october first so that we wouldnt have to give him any more money and make a clean break. we plan to doccument well the condition and have a walkthrough before we release the occupancy.
Any other tips?
thanks
specialboy
we are trying to proceed with an early termination of our lease under civil code 1942 based upon the following:
1) Lack of Quiet enjoyment: Have request verbally and had included in new lease as addendum for blinds to be placed in appartment. windows are at ground level facing a frequently used walkway allowing everyone to look inside. Have been after the landlord to install the blinds and the addendum states for them to be installed by sept 1...they still are not there!
2) Lease stipulates entitled use of parking space adjacent to unit but the space is not designated and now with influx of tenants into complex said parking no longer available.
3) Influx of new tenantscreated large parking issue such that a) cars commonly block thiers and neighbors garages for lack of parking spaces b) cars commonly park in locations the fire department have deem hazardous as they prevent access to emergency vehicles.
4) Gang activity directly outside of gated community and cars frequently broken into less than 10-20 ft from entrance to complex.
5) Bad faith: Issues currently with landlord as not a trustworthy individual (currently under investigation for fraud issues) and has repeatedly claimed to not recieve rent checks sent to him via post. One such parcel recently was deposited into an account some 7 months later with alterations to the checks. Currently this event is being investigated by our banks and the authorities. So far we have been told that the bank where the checks were deposited was the same used by our landlord. Highly suspicious of landlord.
I think that i have accurately justified the use of civil code 1942 to terminate the lease and I have already sent the landlord an email concerning these issues and his response has been non-plus- nonspecific dates for repair-per usual- and defered ability to address these issues to another entity the HOA which still has no bearing on our lease terms. according to other landlords in our townhouse complex he like to brag about taking advantage of students and feel that that has been what he has been trying to do the entire time.
So now my question: Are we required to give notice 30 days in advance for our termination as stated in the lease or does the Civil code allow us to make our exit by october 1st? we would prefere to leave by october first so that we wouldnt have to give him any more money and make a clean break. we plan to doccument well the condition and have a walkthrough before we release the occupancy.
Any other tips?
thanks
specialboy
Last edited:
