My question involves landlord-tenant law in the State of: CA
I reported to my landlord that some kind of foul odor was permeating through the walls in my apartment. She sent her husband up to our apartment and he said the smell was coming from our downstairs neighbors. That weekend the cats and I were forced out of the apartment without warning by the chemical smell coming through the walls. Since then the foul odor has returned and the manager, whom was supposed to do an air quality test, never came to the apartment as far as we can tell. Now, more than a week later we have not been informed as to the cause of the smell. As a cautious measure I also called out the gas company to inspect the appliances and test the areas where the smell accumulated due to a natural gas line running through the wall in question. While the gas company tech was able to confirm the smell wasn’t natural gas he also found the wall heater was in fact leaking natural gas which he identified as a safety risk and disconnected it from the main line.
At this point we decided to cut our losses (see list of irritants that aren’t code violations at the bottom of the post if interested) and drafted a notice that we were breaking the lease and would be vacating the unit no later than 30 days from the date on the notice. It took 2 additional days to get in contact with the landlord to provide said notice and the document from the gas company stating the heater unit must be repaired. We told the landlord that we would be out by a certain date and expected to pay them rent for an additional 5 days to make any preparations for the next tenant. The unit was listed today as being available on the the day we said we would be out. Now its their property and I advocate them re-renting the unit since I am legally on the hook for however long it takes to find a replacement tenant. However, I find myself with some legal questions.
First, if the landlord re-rents the apartment before 30 days have passed since I gave the notice that we would be out am I at risk for additional charges? At that point it might appear to say, a judge, that I gave less than 30 days notice (which is stipulated in the lease) even though I moved out a few days early to give the landlord time to make updates or do maintenance while I was still paying the rent.
Second, I am told I will have to pay for the entire month’s rent for March on the 1st of the month. Am I legally obligated to pay for the full month of rent if the next lease has already been signed with a move in date during the month of March. Or am I only responsible for the time before the new tenants lease starts. (Now one might think I’m being presumptuous that another tenant will be ready to move in immediately. And I am but another apartment from the complex that went on the market on Monday was rented by Wednesday (28 days prior to move in). Apartments here rent in hours not days or weeks) So if the new tenant's lease starts in the middle of the month am I required to pay for the full month if the lease has been signed before the 1st of March? (Since it is illegal to collect double rent in California.) And if I do have to pay for the full month upfront, when is the landlord obligated to return the money for the second half of the month? Is it the day the new tenant moves in or 21 days like the security deposit?
Third, if the original odor issue has not been amended 30 days after it was reported would it be within reason to claim I am abandoning the unit due a breach of the implied warranty of habitability having given the landlord reasonable time to identify and repair the issue since I have been provided with no proof that said smell is not an indicator of a dangerous substance permeating the walls? Rather would I be off the hook for paying any more rent past the time I leave the apartment even if the new tenant does not take possession of the unit due to said issue?
Finally, what are my legal responsibilities if the heater unit has not been repaired by the time I move out? Having gas and heat facilities in good working order are clearly stated conditions for a residence to be habitable. Seeing as the gas has been disconnected from the unit and there is no such thing as life threatening cold in the area where I live I assume the reasonable amount of repair time is 30 days at which point I intend to be moved out and the landlord intends to have a new tenant in the unit. So the first question here is: What is a reasonable repair time for a leaking gas heater where the low temperature in February is 45 degrees? Second, if the repairs have not been made by the time I move out am I legally obligated to inform the new tenant? (I feel it is important to share regardless but I’m curious about my legal obligations) If the new tenant then backs out am I then responsible for continuing to pay the rent until the repairs have been neglected for 30 days or longer because I have already vacated the unit? I simply don’t want to end up paying rent every month for an uninhabitable unit which no one will move into because the needed repairs are not being made.
Thank you greatly for any imparted knowledge and for taking the time to read my short novel,
TryingToBeResponsible
List of irritants that aren’t code violations to my knowledge:
Missing hand rail outside of the unit where mounting brackets have clearly been broken off; no fan in the bathroom to encourage air flow and reduce the risk of mold growth; the lack of a stove hood where instead a hole is carved in the ceiling; the only roof venting visible on satellite photos is above the bedroom where no venting structure is observed from inside the unit (vaulted uninsulated ceiling)(leading to the question where does the hole above the stove vent?); frequent backups of the kitchen sink plumbing believed to be related to improper venting resulting in pressure backups; the need to run gallons of water through the kitchen sink or shower before hot water is supplied to the unit from instant hot water heater shared between units; the inability to run hot water out of the bath spout without first turning on the shower fixture or the hot water knob on the bathroom sink; having too many rooms (kitchen, living room, dining room, and bedroom) on a single electrical circuit and having the breaker box located outside of the unit; the missing peep hole (which seems like a security issue); and uneven flooring throughout the unit.
I reported to my landlord that some kind of foul odor was permeating through the walls in my apartment. She sent her husband up to our apartment and he said the smell was coming from our downstairs neighbors. That weekend the cats and I were forced out of the apartment without warning by the chemical smell coming through the walls. Since then the foul odor has returned and the manager, whom was supposed to do an air quality test, never came to the apartment as far as we can tell. Now, more than a week later we have not been informed as to the cause of the smell. As a cautious measure I also called out the gas company to inspect the appliances and test the areas where the smell accumulated due to a natural gas line running through the wall in question. While the gas company tech was able to confirm the smell wasn’t natural gas he also found the wall heater was in fact leaking natural gas which he identified as a safety risk and disconnected it from the main line.
At this point we decided to cut our losses (see list of irritants that aren’t code violations at the bottom of the post if interested) and drafted a notice that we were breaking the lease and would be vacating the unit no later than 30 days from the date on the notice. It took 2 additional days to get in contact with the landlord to provide said notice and the document from the gas company stating the heater unit must be repaired. We told the landlord that we would be out by a certain date and expected to pay them rent for an additional 5 days to make any preparations for the next tenant. The unit was listed today as being available on the the day we said we would be out. Now its their property and I advocate them re-renting the unit since I am legally on the hook for however long it takes to find a replacement tenant. However, I find myself with some legal questions.
First, if the landlord re-rents the apartment before 30 days have passed since I gave the notice that we would be out am I at risk for additional charges? At that point it might appear to say, a judge, that I gave less than 30 days notice (which is stipulated in the lease) even though I moved out a few days early to give the landlord time to make updates or do maintenance while I was still paying the rent.
Second, I am told I will have to pay for the entire month’s rent for March on the 1st of the month. Am I legally obligated to pay for the full month of rent if the next lease has already been signed with a move in date during the month of March. Or am I only responsible for the time before the new tenants lease starts. (Now one might think I’m being presumptuous that another tenant will be ready to move in immediately. And I am but another apartment from the complex that went on the market on Monday was rented by Wednesday (28 days prior to move in). Apartments here rent in hours not days or weeks) So if the new tenant's lease starts in the middle of the month am I required to pay for the full month if the lease has been signed before the 1st of March? (Since it is illegal to collect double rent in California.) And if I do have to pay for the full month upfront, when is the landlord obligated to return the money for the second half of the month? Is it the day the new tenant moves in or 21 days like the security deposit?
Third, if the original odor issue has not been amended 30 days after it was reported would it be within reason to claim I am abandoning the unit due a breach of the implied warranty of habitability having given the landlord reasonable time to identify and repair the issue since I have been provided with no proof that said smell is not an indicator of a dangerous substance permeating the walls? Rather would I be off the hook for paying any more rent past the time I leave the apartment even if the new tenant does not take possession of the unit due to said issue?
Finally, what are my legal responsibilities if the heater unit has not been repaired by the time I move out? Having gas and heat facilities in good working order are clearly stated conditions for a residence to be habitable. Seeing as the gas has been disconnected from the unit and there is no such thing as life threatening cold in the area where I live I assume the reasonable amount of repair time is 30 days at which point I intend to be moved out and the landlord intends to have a new tenant in the unit. So the first question here is: What is a reasonable repair time for a leaking gas heater where the low temperature in February is 45 degrees? Second, if the repairs have not been made by the time I move out am I legally obligated to inform the new tenant? (I feel it is important to share regardless but I’m curious about my legal obligations) If the new tenant then backs out am I then responsible for continuing to pay the rent until the repairs have been neglected for 30 days or longer because I have already vacated the unit? I simply don’t want to end up paying rent every month for an uninhabitable unit which no one will move into because the needed repairs are not being made.
Thank you greatly for any imparted knowledge and for taking the time to read my short novel,
TryingToBeResponsible
List of irritants that aren’t code violations to my knowledge:
Missing hand rail outside of the unit where mounting brackets have clearly been broken off; no fan in the bathroom to encourage air flow and reduce the risk of mold growth; the lack of a stove hood where instead a hole is carved in the ceiling; the only roof venting visible on satellite photos is above the bedroom where no venting structure is observed from inside the unit (vaulted uninsulated ceiling)(leading to the question where does the hole above the stove vent?); frequent backups of the kitchen sink plumbing believed to be related to improper venting resulting in pressure backups; the need to run gallons of water through the kitchen sink or shower before hot water is supplied to the unit from instant hot water heater shared between units; the inability to run hot water out of the bath spout without first turning on the shower fixture or the hot water knob on the bathroom sink; having too many rooms (kitchen, living room, dining room, and bedroom) on a single electrical circuit and having the breaker box located outside of the unit; the missing peep hole (which seems like a security issue); and uneven flooring throughout the unit.
Moving Out: Breaking Lease While Warranty of Habitability Issues Are Pending Repair
0 commentaires:
Enregistrer un commentaire