If my lease is up in a little over 4 months, how can I get out of it early and still get my deposit back?

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If my lease is up in a little over 4 months, how can I get out of it early and still get my deposit back?

The neighbors are extremely loud and have had cops called many times. Other neighbors have many people over often and several things have still not been fixed since we moved in. Also, the handyman stole our items from our carport when my landlord confronted him, he returned half the items and claimed he didnt have the others. The landlord did nothing and said it was an “accident”. I just need anyway possible to get out of here and really need the deposit for wherever we move next.

Asked on April 22, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Okay so you have a whole lot going on.  You yourself can not breack the lease or you would be in breach.  You need to go to vourt to ask a judge to render it void based upon a valid reason under the law.   Depending on the statutes in your state, a landlord could be liable for noisy tenants under nuisance laws.  You have a right to quiet enjoyment of your apartment.  As for the failure to fix problems in a timely manner, if the broken things breach a warranty of habitability then that could be an issue to bring up in court as well.   The handyman issue may be difficult to really prove although you state here he somewhat "admits" things by returning them.  Not sure that would really hold up in court.  The landlord will be given an opportunity to correct.  If he can not with in a certain time frame you can ask the court to void the lease. You should get the security back absent any valid reason to with hold it under the law. Good luck.


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