Oceanside, CA asked in Landlord - Tenant for California

Q: What to do if property management doesn't respond to my request of wanting to know the options for breaking lease early?

I've been in my apartment a little less than 2 months but have discovered that the neighborhood and grounds of the complex are dirty, littered with trash(urine filled bottle, empty alcohol bottles, discarded furniture, pet waste, rusty equipment on lawns, etc...) and frequented by homeless people. I have found cockroaches and they did bring in pest control for that but I really don't feel safe or comfortable living there. I have sent 2 e-mails and multiple texts to my property management with the request to know my options for breaking my lease but they have yet to respond to me and it has been 7 days. Thank you for your time and help.

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: First, read your lease for information about breaking the lease. If your lease mentions the right of quiet enjoyment of the premises and these things are happening in the common area, you might want to send them notice that you are quitting the premises, give them the notice that the lease requires. Don't expect you will be getting your security deposit back without a fight. When you move out you can sue in small claims for return of the security deposit and to rescind the lease. Be sure to have lots of photographs about these conditions you are complaining about. BTW- unless they treat the whole building, pest control only temporarily drives the bugs from your place to next door, then they return.

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Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: Take lots of pictures and file a complaint with the city inspector and wait to see how fast they will get rid of you. Best of luck!!!

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