Fresno, CA asked in Contracts and Landlord - Tenant for California

Q: Can i break my lease without repercussions in California.

We have rented this house for 1.5 years. We have a yearly lease. We found out that the house has no permits and has many safety violations. Is there any way we can break our lease early and move out without repercussions.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, tenants have the right to a safe and habitable living environment under the state's habitability statutes. If your rental property has unpermitted construction or significant safety violations, it may not meet these basic habitability requirements. Documenting these issues thoroughly and reporting them to your landlord is the first step, as landlords are generally given a reasonable period to address and rectify such problems.

If the landlord fails to make the necessary repairs or adjustments to bring the property up to code, you might have grounds to terminate your lease early without repercussions. California law allows tenants to break their lease under certain conditions, such as severe habitability issues, without facing penalties. However, it's important to communicate your intentions and reasons to your landlord in writing, providing evidence of the unaddressed safety violations and your efforts to have them corrected.

Before taking any action, you may want to consult with a legal professional experienced in tenant rights in California. They can offer guidance on the best course of action, how to properly document and report the issues, and ensure that your rights are protected. Breaking a lease can have legal and financial implications, so ensuring you follow the correct procedures under state law is crucial to avoid potential repercussions.

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