Way to get out of lease? A huge headache of a place to live in.

[Xylitol]

Hi guys -

I have a lease that will last until July 2015 (1 year lease). We have run into multiple troubles. The house has already failed inspection by the city due to not having smoke detectors/carbon monoxide detectors. Last night, the upstairs house (it's a duplex, both are owned by the same landlord) flooded their kitchen, which leaked a ton of water down into our kitchen.

We were told there were no pests in the house, but we have been being bitten by insects. They finally got an extermination crew out to check for bed bugs. There were none found on our floor but some were found in the upstairs duplex. They found carpet beetle carcasses in one room (my room, ugh freakin gross). They ended up fumigating both the upstairs and downstairs. I have still gotten occasional bites since then, so we might have other bugs too.

The walls are filled with water (the paint on the walls shows bubbles of water in them), the ceiling is still dripping, and the Management company has not responded to us yet, even though this is a semi-emergency situation. It is a very old house, so I am honestly scared of the old wood in the ceiling weakening from the water and literally caving in.

I would honestly prefer to just move out of this place at this point. I haven't been able to find anything in my lease that refers to being able to get out of my lease due to fire/severe water damage/etc., but is there any case I can make to get out of this lease as a result of all these compounding issues?

Thank you!

Edit: I'm in California (Los Angeles)

 

[Rakehellion]

What state? That matters.

If it's obviously unsafe, you can move out immediately. If it's a grey area, you may have to sue your landlord which will take months.

Barring that, you can just sell off your lease.

 

[Xylitol]

What state? That matters.

If it's obviously unsafe, you can move out immediately. If it's a grey area, you may have to sue your landlord which will take months.

Barring that, you can just sell off your lease.

Updated with location: Los Angeles, CA

 

[Greenman]

The easy out would be if mold starts growing where the ceiling got wet. You call the landlord show him the mold and tell him to let you out of the lease or put you in a hotel until it's been cleaned up. You may need to call the health department as well.

 

[BoomerD]

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Starting on page 37:

Conditions that make a rental unit
legally uninhabitable
There are many kinds of defects that could
make a rental unit unlivable. The implied warranty
of habitability requires landlords to maintain their
rental units in a condition fit for the “occupation
of human beings.”136 In addition, the rental unit
must “substantially comply” with building and
housing code standards that materially affect
tenants’ health and safety.137
A rental unit may be considered uninhabitable
(unlivable) if it contains a lead hazard that
endangers the occupants or the public, or is
a substandard building because, for example,
a structural hazard, inadequate sanitation, or
a nuisance endangers the health, life, safety,
property, or welfare of the occupants or the
public.138

A dwelling also may be considered
uninhabitable (unlivable) if it substantially lacks
any of the following:139
• 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.140
• Operable dead bolt locks on the main entry
doors of rental units, and operable locking or
security devices on windows.141
• 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.142
• A locking mail box for each unit. The mail box
must be consistent with the United States
Postal Service standards for apartment
housing mail boxes. 143
• Ground fault circuit interrupters for swimming
pools and antisuction protections for wading
pools in apartment complexes and other
residential settings (but not single family
residences).144
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.145
While it is the landlord’s responsibility
to install and maintain the inside wiring for
one telephone jack, it is unclear whether the
landlord’s failure to do so is a breach of the
implied warranty of habitability.146
An authoritative reference book suggests
two additional ways in which the implied
warranty of habitability may be violated. The
first is the presence of mold conditions in
the rental unit that affect the livability of the
unit or the health and safety of tenants. The
second follows from a new law that imposes
obligations on a property owner who is notified
by a local health officer that the property is
contaminated by methamphetamine. (See page
23.) This reference book suggests that a tenant
who is damaged by this kind of documented
contamination may be able to claim a breach of
the implied warranty of habitability.147
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 page 37), the law lists
specific things that a tenant must do to keep the
rental unit liveable.

 

[schmuckley]

Buy a house..pay it off..problem solved.

 

[Mayne]

I haven't paid my rent in 3 months. Landlord is embarrassed to ask for my rent.

 

[JEDIYoda]

I haven't paid my rent in 3 months. Landlord is embarrassed to ask for my rent.

I`d be embarrassed asking you also............

 

[Ruptga]

Looks like it's all in Boomer's link. Send them a certified (so you can prove they received it) letter stating the problems. If they haven't fixed it within 30 days, lawyer up, or whatever.

 

[pete6032]

Buy a house..pay it off..problem solved.

Total ATOT solution.

 

[Ns1]

This a house by the 'SC campus by chance? lol

 

[Spungo]

Total ATOT solution.

Just borrow a couple mil from your parents to start a hedge fund. Why don't more people do this? /ATOT

 

[MagnusTheBrewer]

Get down on your knees and thank God. you're in a State were tenants have a few rights. If you were in Arizona or New Mexico, the landlord would laugh at you, the judge would laugh at you and, the people in the two apartment complexes next door that should have been condemned years ago would come out and laugh at you.

 

[Brainonska511]

Just borrow a couple mil from your parents to start a hedge fund. Why don't more people do this? /ATOT

Why do you need to borrow money? I thought we're all millionaires. Did someone leave the servant hatch open again?

 

[rommelrommel]

I haven't paid my rent in 3 months. Landlord is embarrassed to ask for my rent.

How much is it to rent a trailer these days?

 

[alkemyst]

I haven't paid my rent in 3 months. Landlord is embarrassed to ask for my rent.

You consider your parents landlords now?

 

[nageov3t]

Buy a house..pay it off..problem solved.

that's the same advice I give to the homeless guys outside my office... I don't understand why they give me such dirty looks.

 

[Malak]

Why did you move in to begin with?

 

[Newell Steamer]

Buy a house..pay it off..problem solved.

FTFY.

There is no paying it off. What are you, some sort of loan borrowing bottom feeder?

Holy crap, please tell me you are joking and you truly can buy a $1M plus home whenever you wish to, or when you come across the problems faced by the OP.

 

[Scarpozzi]

Sounds like the people upstairs are really the problem. Your best bet is to confront the landlord tactfully and see if you can get out of your lease. Cite all the reasons, smoke detectors, bugs, water damage, etc....and tell them you're done. Then see if you can set it up to move in 30-60 days....or sooner if they find another tenant to move in. Let them know you don't want to burn them...you just aren't happy with the conditions. If you do it with tact, they may understand and be willing to help if they're not jerks.

 

[RossMAN]

Why did you move in to begin with?

because the lobster was delicious? :ninja:

 

[pete6032]

Just borrow a couple mil from your parents to start a hedge fund. Why don't more people do this? /ATOT

When I posted a thread stating that I was curious about starting shooting as a hobby, I was asked where I live. I said Illinois. And then someone suggested I move out of the state to somewhere with less stringent gun laws so that I could enjoy my unexplored hobby better. D:

 

[alkemyst]

OP, you have to go to your lease and see what rules / agreements are there, look at your local laws on rentals and have a good basis against the landlord based on that.

Everyone that wants to break a lease can create a laundry list of things and most of the times all those things existed since day one and they knew about it.

The easiest way to break a lease though is to come to an agreement of a buy out.

If you have 4 months left maybe the landlord will accept two months (which could be you last months rent and security deposit if pre-paid) and release you.

The second most common thing is the tenant never speaks to the landlord about the problems they have encountered.