1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Unfair breaking lease early do not feel safe

Discussion in 'Other Residential Landlord & Tenant Issues' started by dlapor, Mar 11, 2011.

Thread Status:
Not open for further replies.
  1. dlapor

    dlapor Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    I took out the top part given the whole thing wasn't being read.
    I want to move out due to habitability, based upon Civil Code 1941.1 and Health and Safety Code 17920.3.. Reasons are Crime: "Drug trafficking" and "gang activity" are nuisances and Noise: from construction, neighbors, roof-mounted AC system is arguably a nuisance

    They told me I would have to pay 1951.00 Plus I might have to pay the remaining rent since I am leaving 4 month before my lease is up. My rent is 895 a month that would be 3580.00 . I read somewhere that they can’t charge you both a early termination fee and the loss of months rent. I also read that if you feel unsafe you can legally break your lease. I feel at danger almost every day here. LaPacifica also informed me I never told them about feeling unsafe (didn’t know I needed to call the office each and every time.) Please help unsure what to do.

    Reasons are
    Drug bust just next door, gun shells, kids at all hours screaming obscenities, I found online I have 19 sexually offenders within one mile of me.
    Noise, at all hours the women next door is screaming at her kids, the neighbor down the way plays his music loud. I can hardly hear my music when they do. O and the best part is they have a spot light that shines right into my living room. As I stated above these should all be reason inhabitability, based upon Civil Code 1941.1 and Health and Safety Code 17920.3..
    caltenantlaw.com/HabChecklist this website list these reasons as legal reasons.
     
    Last edited: Mar 11, 2011
  2. mightymoose

    mightymoose Moderator

    Messages:
    11,478
    Likes Received:
    2,026
    Trophy Points:
    113

    You aren't saying anything that sounds like good grounds for breaking the lease. If you leave early you should expect to pay some sort of penalty, but you have ways of minimizing the damage. One way to limit the damage is to help find a new tenant for the apartment prior to your departure so that the landlord does not have a significant loss... this gets you off the hook for the coming months rent.

    What exactly is does the $1951 include?

    You certainly do not have to stay if you do not feel safe, but you should not expect to leave early without penalty.
     
  3. Gail_in_Georgia

    Gail_in_Georgia Moderator

    Messages:
    2,632
    Likes Received:
    347
    Trophy Points:
    83

    I realize you are writing from California but you need to understand that a landlord/management is not responsible for your "quality of life". Simply finding bullet shells is not a reason to claim a safety issue that would justify breaking a lease based solely on this.

    Some leases allow a tenant to break a lease early with some type of financial penalty; for example, requiring two months rent. This would allow a landlord/management some leeway in having rent while attempting to find a replacement tenant for you. With others, the tenant can attempt to remedy the situation by finding someone to take over the remaining portion of their lease; they are then no longer obligated to continue paying rent on their lease.

    Management has outlined to you what your costs would be if you wished to continue breaking this lease. Have you discussed the possibility of you finding a replacement tenant with them?

    Gail
     
  4. dlapor

    dlapor Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    I have no problem paying 1951.00 the early terminate fee. (Although that is a bit steep, given my rent is only 895.00). What I have problem paying is the early termination fee plus the apartment place keeping my security deposit and paying the remaining 4 months on my lease. This can’t be legal for them to ask for all this money from me. It just seams greedy. The landlord told me they have a waiting list for he one bedrooms as well.
     
  5. mightymoose

    mightymoose Moderator

    Messages:
    11,478
    Likes Received:
    2,026
    Trophy Points:
    113

    If the $1951 is the termination fee, then they can't also claim 4 months rent- especially if that apartment will be occupied by someone else right away. You need to discuss these fees with them and work it out.
    They are taking advantage of you.
    What does your lease say about ending the lease early?

    When it gets down to it, you can move any time you like and pay them nothing. They will keep your deposit, but if they want anything else they will have to take you to court for it, and in that case they would have to prove their actual loss and justify whatever fees they are claiming.
     
    dlapor likes this.
  6. army judge

    army judge Super Moderator

    Messages:
    35,140
    Likes Received:
    6,122
    Trophy Points:
    113

    The $2,000 is their fee to let you break your lease.

    Your rent is $900/month.

    Their position is that if they are unable to rent the unit for the remaining four months, they'll come after you for the $3,600 rent they lost when you left early.




    They'll have to sue you to get it.




    If you're okay with paying the $2,000 and don't want to be worried about a potential lawsuit, don't break the lease.



    You can simply keep paying $900/month for four months. In the third month send your termination, or do it today, but keep paying. That doesn't stop you from leaving now. They only want their money.



    Or, pay the $2,000 and leave. They'll have to sue you to get any lost rent. They'll also have to prove what they did to try and get a new tenant. That isn't easy.

    But, why not just wait another four months, even three?

    Another month almost makes financial sense just to keep the unit until the lease expires. You could start looking now. Move in 30-60 days. You've survived 8 months, a couple more is a cakewalk.

    The worst thing you could do is get someone to sublet. That always ends with the sublettor screwing you. People who sublet are often shady and shakey. Don't even think of subletting.
     
  7. dlapor

    dlapor Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Thanks everyone who responded to me. I have talked to the landlord and agreed to pay the 1951 they are letting me pay over time, something like a 100 a month. I am moving to New York for better job opportunities. My job here laid me off so I wouldn’t be working, no point in staying. I have enough to get me by in New York for a few months. I appreciate all the help. I just don’t want to pay more then I have to (who does) I am not going to try and sue them over my own fears of not feeling safe. I just want out. Last night the cops took down three males over drugs (this is the third time this month) Wish me luck in New York and I wish you all the best.
     
  8. mightymoose

    mightymoose Moderator

    Messages:
    11,478
    Likes Received:
    2,026
    Trophy Points:
    113

    Whoah... slow down!
    If you are leaving state you likely won't have to pay anything. The management would have great difficulty trying to sue you if you are in New York.
    Give the place a good cleaning and you might even get your deposit back if they think you will be paying $100 per month... or make your monthly payment until you get your deposit back.
    They will have a new tenant in that joint as soon as you are out. They won't be out a dime. Save your cash.
     

Share This Page

Thread Status:
Not open for further replies.