Is there a legal way out of our lease with credit and deposit in tact?

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Is there a legal way out of our lease with credit and deposit in tact?

We requested an early exit after 6 month’s of unlivable conditions, offering to help help rent it. Issues: noise, drugs, harassment, ignored complaints more. Response was notice to stop smoking on balcony, $50 rent increase to rent it. Also threatened with a 3 day notice to pay 3 month’s rent and deposit. Harassment/negligence: smelling us for smoke notice to remove storage and to request approval of anything on balcony, giving out tenant personal info. New building rules appy to us alone. Discouraging prospective renters with added fees and more.

Asked on March 23, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Speak with a landlord-tenant attorney. If there were conditions which sufficiently impacted either habitability (the fitness of the premises to be used as a residence) or quiet enjoyment (your ability to actually use and enjoy the premises without disturbance), which conditions were within the landlord's control but which the landlord refused, despite knowledge of them, to remediate or correct, that could give to grounds to seek monetary compensation, to seek a court order requiring the landlord to correct the problem, and/or grounds to terminate the lease without penalty.

This is a very fact- and situation-specific inquiry; that is why you should speak with an attorney with landlord-tenant experience in detail, to see what your rights and recourse might be. Good luck.


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