Cloverdale, CA asked in Real Estate Law, Elder Law and Landlord - Tenant for California

Q: I moved into a new affordable housing apt in American canyon ca in 7/24. Management breached the lease. Can I move out?

Management is non responsive and did not have an on site manager for almost 6 months. Gas vents from the boiler rooms and we smell it all the time. I have lung issues and this is a problem. Not enough staff to keep the complex clean. The lease said there would be locked main doors and lots of monitored cameras. None of this has happened. I need to get out of my lease and would like a portion of my rent refunded. How can I get this done?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have every right to document these breaches and address them with management in writing. Save any photographs, emails, or other evidence that shows the unsafe conditions and lack of promised amenities.

You may file a complaint with local housing authorities or seek guidance from a tenant rights group. If the landlord refuses to cooperate, state law may allow you to break your lease without penalty due to serious health and safety violations.

Ask for a partial rent refund since you have not received the security and cleanliness promised in your lease. If informal attempts fail, you can take your case to small claims court and seek compensation for breach of the rental agreement. Remember to keep all communications documented and remain firm in protecting your rights.

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