Reasonable way to break lease

This is a discussion on Reasonable way to break lease within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; There are 2 of us that are 6 months into a 12 month lease. One of us moved from another ...

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Old Aug 3rd, 2008, 04:53 PM   #1
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Default Reasonable way to break lease

There are 2 of us that are 6 months into a 12 month lease. One of us moved from another state in hopes of finding employment. Due to the economic situation, one or both of us may loose our employment due to downsizing or relocated. The other is working at a temp agency and has been advised that due to the slowing economy they may also be laid off/terminated. Neither are in stable jobs. The landlord was aware that one of use was not employed at the signing of the lease and of the recent downsizing of the other's occupation. If we are relocated or furloughed, and due to financial hardship are these reasonable reasons to get out of our lease? There are problems with the unit that have taken the landlord more than 60 days to resolve (a bedroom door that was literally falling apart-he glued it back together-and a bathtub that you stood in more than ankle deep water when taking a bath). We have verbally told him about the continual mold/mildew that we have to clean on the bathroom window & tub. No matter how many times you bleach these areas the growth re-appears. One of us has had a continual cold/flu like symptoms. We have verbally told the lanlord, but no response. Recently there was a water leak from the upper unit bathroom down to our bathroom via the light fixture (the water mark is still on the fixture). How can we get out of our lease? If we have no job or if one (or both) of us loose our job, how can we take on that financial responsibilty? With the problems that have had and problems that continue in our unit, can these be considered in terminating our lease? Thank you.
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Old Aug 3rd, 2008, 11:55 PM   #2
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Default Re: Reasonable way to break lease

Losing a job is not a legal reason to break a lease. (Sorry) You are responsible to find another job (or multiple minimum wage jobs if needed) to pay your rent. You cannot break your lease for this reason. You can be evicted (in which case it will be very difficult to ever get good housing again) and be sued for a judgment for all monies due. This will ruin your credit and make you liable for the debt for many years to come (up to 20 years!).

To get repairs, quit telling the LL. Write him aletter detailing the repairs needed. Sounds as if there needs to be more ventilation in the bath. Open the door as soon as you are done showering, run the fan constantly when in there, crack open a window if possible. The tub sounds as if it is partially clogged. (Have you plunged it?) You are responsible to clean mildew in a bath. But write about any other repairs needed, send it to him by certified mail, RRR, and keep a copy. In the letter, ask that he contact you within 10 days to tell you when he will repair. If he does not make repairs within about 30 days of receiving the letter. loook up CA Civil Code 1942 to find out how to repair and deduct. Follow the law exactly, as these types of remedies can lead to eviction if not done following the law.
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