Am I in the right?

[Help4Melissa]

What is the name of your state? California

I signed a lease in Novemeber of 2005 and have just written a letter stating that I am giving 30 days notice and the reasons why I am breaking my lease. I believe that I have the right to do so, but I would like some advice in case the management company chooses to come after me for the remainder of the rent.

Here are a couple of the reasons I described in the letter:

1. Safety Concerns -
I believe I signed a lease for a secure building but the locks on doors are constantly broken and tenants are left in jeopardy. I have been followed into a "secure" garage by an intoxicated individual who later was involved in an altercation in the building in which the police and paramedics were called.

2. Hot Water
In the lease it states that the owner's pay water and hot water. The company didn't pay their bill thus resulting in the hot water being shut off for 3 days.

3. Sanitation
Residents leave garbage outside of their doors, dog feces in plastic bags, debris, etc.

4. I have written to the management company 3 months ago (followed up a second time two weeks later) and never got a response.

5. There have been notices posted by the resident manager regarding suspected drug use/dealing in the building.

I have taken pictures when I can to document these things. I have given my letter to the resident manager and have started looking for a new apartment. I am just worried as I am one person and they are a large company.

Any advice would be greatly appreciated.What is the name of your state?

 

[Hot Topic]

A dwelling may be considered uninhabitable (unlivable) if it substantially lacks any of the following:104
Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.
*****In addition to these requirements, each rental unit must have all of the following:
A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.105
Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.106
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.107
*****The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect habitability.108
*****While it is the landlord's responsibility to install and maintain the inside wiring for one telephone jack, the landlord's failure to do so probably does not violate the implied warranty of habitability.109
Limitations on landlord's duty to keep the rental unit habitable
*****Even if a rental unit is unlivable because of one of the conditions listed above, a landlord may not be legally required to repair the condition if the tenant has not fulfilled the tenant's own responsibilities.
*****In addition to generally requiring a tenant to take reasonable care of the rental unit and common areas (see above), the law lists specific things that a tenant must do to keep the rental unit liveable.
Tenants must do all of the following:
Keep the premises "as clean and sanitary as the condition of the premises permits."
Use and operate gas, electrical, and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets; flushing large, foreign objects down the toilet; and allowing any gas, electrical, or plumbing fixture to become filthy.)
Dispose of trash and garbage in a clean and sanitary manner.
Not destroy, damage, or deface the premises, or allow anyone else to do so.
Not remove any part of the structure, dwelling unit, facilities, equipment, or appurtenances, or allow anyone else to do so.
Use the premises as a place to live, and use the rooms for their intended purposes. For example, the bedroom must be used as a bedroom, and not as a kitchen.110
Notify the landlord when dead bolt locks and window locks or security devices don't operate properly.111
*****However, a landlord may agree in writing to clean the rental unit and dispose of the trash.112
*****If a tenant violates these requirements in some minor way, the landlord is still responsible for providing a habitable dwelling, and may be prosecuted for violating housing code standards. If the tenant fails to do one of these required things, and the tenant's failure has either substantially caused an unlivable condition to occur or has substantially interfered with the landlord's ability to repair the condition, the landlord does not have to repair the condition.113 However, a tenant cannot withhold rent or sue the landlord for violating the implied warranty of habitability if the tenant has failed to meet these requirements

The above is from the California Department of Consumer Affairs.

I don't think you can "hang" the drunk entering the building through the garage on the landlord since you allowed the individual to follow you in.

 

[john123456]

What is the name of your state? California

I signed a lease in Novemeber of 2005 and have just written a letter stating that I am giving 30 days notice and the reasons why I am breaking my lease. I believe that I have the right to do so, but I would like some advice in case the management company chooses to come after me for the remainder of the rent.

Here are a couple of the reasons I described in the letter:

1. Safety Concerns -
I believe I signed a lease for a secure building but the locks on doors are constantly broken and tenants are left in jeopardy. I have been followed into a "secure" garage by an intoxicated individual who later was involved in an altercation in the building in which the police and paramedics were called.

2. Hot Water
In the lease it states that the owner's pay water and hot water. The company didn't pay their bill thus resulting in the hot water being shut off for 3 days.

3. Sanitation
Residents leave garbage outside of their doors, dog feces in plastic bags, debris, etc.

4. I have written to the management company 3 months ago (followed up a second time two weeks later) and never got a response.

5. There have been notices posted by the resident manager regarding suspected drug use/dealing in the building.

I have taken pictures when I can to document these things. I have given my letter to the resident manager and have started looking for a new apartment. I am just worried as I am one person and they are a large company.

Any advice would be greatly appreciated.What is the name of your state?

Based solely upon the facts presented in your post, you have no grounds to break your lease. Be prepared to suffer monetary consequences.

 

[Help4Melissa]

Based solely upon the facts presented in your post, you have no grounds to break your lease. Be prepared to suffer monetary consequences.

Thank you for your respnse, and forgive me if I'm a little "slow" on this. I am just confused where the tenants rights come in. For me the management company not paying their gas bill (resulting in no hot water) was the last straw. To have your gas shut off you need to not pay your bill for at least two months -- if I did not pay my rent for two months they would throw me out. Can I not take the same stance and "throw them out"? My confusion here lies in the fact that it seems a management company is allowed to "break" their end of the lease whereas the tenant can not?

 

[john123456]

Thank you for your respnse, and forgive me if I'm a little "slow" on this. I am just confused where the tenants rights come in. For me the management company not paying their gas bill (resulting in no hot water) was the last straw. To have your gas shut off you need to not pay your bill for at least two months -- if I did not pay my rent for two months they would throw me out. Can I not take the same stance and "throw them out"? My confusion here lies in the fact that it seems a management company is allowed to "break" their end of the lease whereas the tenant can not?

You were without hot water for three days, not two months. If you are that upset about it, write the LL and request he credit you three days rent. However, my original advice stands, you have no basis to terminate your lease.