Termination of lease under CCC 1942

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Termination of lease under CCC 1942

I moved into an apartment 9 months ago on a 1 year lease. There were large holes in a door that were promised to be fixed. I have given written and oral notice to fix it 5 times. The landlord comes and says he needs to order a new door and then never does. I decided to leave under CCC 1942. I wrote a letter explaining it and telling them to use my last months rent for the time im here. I just got a 3day or quit notice.

Asked on June 6, 2009 under Real Estate Law, California

Answers:

E.H., Member, Calfiornia Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A landlord can use a written 3-day notice (eviction notice) if the tenant has failed to pay the rent; damaged the rental property; violated clauses in the agreement; interfered with other tenants; or used the property for unlawful acitivty.

It seems here though that the landlord may be retaliating to your request.If so, then you have the defense that the unit should have an “implied warranty of habitability”.This means that the landlord is required to maintain their rental unit in a condition fit for human beings to live in. A rental unit must substantially comply with building and housing code standards that materially affect tenants' health and safety.

On California’s Department of Consumer Affairs website, you can read about the overview of the eviction process:

http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

If you have any questions, feel free to call them or consult one of the attorneys.

http://attorneypages.com/580CA/index.htm


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