Major repairs needed can we break the lease?

We reside in Cali. We moved into this home July1st. The landlord knew about the below issues upon moving in, but has yet to make repairs.

Broken single pane plate glass window

Leaky roof (it is not rainy yet, but it will be soon, landlord informed us it leaks)

Breaker box has wires coming out of it....everywhere. So many cover can't fit over it. We can't use the closet it is in for fear of fire.

Water heater flue is horribly rusted

Torn carpet (I am worried my very elderly mother in law will trip)

We are planning on breaking our lease over the above safety issues. We will be talking with them on the phone later in the week, and then follow up with a letter. Did our 30 days (reasonable time for repair) start when we moved in, or after I send our letter? Also, are these valid legal reasons for breaking our lease?

You cannot break your lease over these issues yet. You need to do some prep work first. Step one) Write a letter detailing what work needs to be done in the house. (Yes, you've talked to him about it, but you need a paper trail in order to break the lease.) In the letter, state that the broken window needs fixed to secure the house, the roof leaks needs to be fixed for habitability reasons, the breaker box needs repaired because it is a code violation and a fire hazard as well as an electrocution hazard, the heater flue needs replaced to prevent deadly carbon monoxide in the unit, and that the torn carpet needs repaired since it is a tripping hazard. (Giving these reasons for the requested repairs shows that they are important items and are not trivial.) Write that you wish the LL to contact you within 10 days to tell you when repairs will be made. Send the letter certified, return receipt requested, and keep a copy for your records. Keep the postcard that comes back stating when it was recieved and by whom.

Step 2) Wait the 10 days after receipt. If the LL contacts you with repair dates, you cannot break the lease because the LL is repairing as required. If the LL doesn't contact you, call the local building inspector and show him the breaker box, broken window, the leaky roof, the torn carpet, and the rusty flue. He should write a report noting any building code violations. Get a copy of this report. They should give the LL a date to have it repaired by.

Step 3) If the LL has not repaired by that date, send written notice to the LL that you consider the lease broken since s/he has not done the required miantenace and complied with state law. Give the appropriate amount of notice for your state that you will be moved out and have the keys returned by xx/xx date.

In your case, the galss should be repaired or replaced (depending on how large the crack is), the roof repaired, the electric box reqired to close properly, the flue should be checked to see if it needs replaced (and do so if it does), and the carpet should be sewn or at least a metal strip installed over the rip.

I have a letter pointing out the things wrong with the home. Does it sound legal?


Upon moving into your home at (deleted) CA we were a little shocked to find several items wrong with the home, and items needing repair.

Upon verbal agreement there was a trade negotiated to fix toilets (known by you at this time, to not work) A water filtering unit for work to be completed.

The following was completed to make the home habitable:
The tub was fixed to drain properly (parts paid for out of pocket by us)
2 (out of the 3 in the home) toilets were fixed (parts paid for out of pocket, by us)
Screens were put on the homes windows (they were here, but not installed), one was missing and we manufactured one to work on that window
Several sprinkler in the back yard were fixed to work properly (some still needs repair, as we requested parts from you on 9/2/08)
Dish washer was de-calcified to work better (it still does not work great, but it is an improvement)
Step built from kitchen to room with french doors for safety reasons (the drop from the kitchen to this room was very unsafe)
Door sweep plate installed (parts paid for out of pocket by us)
Outlet covers installed

Our verbal agreement has been fulfilled.

However, there are still several things that are wrong with the home, that need immediate attention.

The electrical box in the entryway coat closet does not have the cover on it. It is very unsafe, and we are afraid to put items in the closet. As well as afraid someone may be shocked. My father in law (a retired electrician) didn’t want us to touch the box/cover, he felt it was so dangerous
The carpet in the room with French doors is ripped, and we are worried our elderly mother will trip.
The plate glass window in the dining area is cracked, and had been for some time prior to us moving in. This is scary for us, and very unsafe, we were unaware this was not going to be fixed prior to move in.
The shower in the kitchen bathroom does not work, and sprays water everywhere.
Outlet covers were missing on several outlets, which are a safety hazard. (we did install the outlet covers that were here, but have used all the existing unused covers, and there are still uncovered outlets)
The patio in the back yard is very uneven, due to missing/rotted wood. Causing a hazard for mother (who has already fallen once due to this)
The roof leaks (per your discussion with us), and we are worried that it won’t get fixed prior to Winter. The roof leaking leads us to believe there is possibly mold/mildew in the walls.
Water heater does not work. The only way to get hot water to any faucets is to turn on the re-circ pump.
Water Heater flue is rusted and in very unsafe condition (pointed out by you upon move in)
Water heater needs to be flushed, due to mineral deposits built up inside of the unit

Several of the above mentioned items were not mentioned prior to move in, and we discovered/were informed of these items upon moving in, with the expectation of said items being taken care of.

Having visited the home only twice before move in, there is only so many items one can take in. Only recognizing the possible hazard these items could cause after living in the home.

We would like contact within 10 days to schedule a time to fix the above items.

Parts sound good, but I have a problem with the beginning. This verbal agreement is a problem. Bever do anything on verbal agreements. Get something in writing about whatever the agreement was so he can't later come back and say he did approve you to do any work. Most leases have a clause that says not to repair or remodel. If you don't get something in writing that you could build a step or fix plumbing, he can later say he didn't allow that and that your work was faulty (and charge you for it).

Decalcifying a DW is easy and is normal maintenance. This is probably the same problem with the shower head in the bath (unless the water is coming from the junction between the pipe and the shower head. Try this, fill a baggie with vinegar, put it over the showerhead, hold it in place with rubberbands or a strong clip, and leave it sit for an hour. When you remove the baggie, the vinegar will hve eaten all the clacium from the shower head. You may still need to take toothpick to clear the holes, but the showerhead should spray much better. (Sounds like the water there is really hard.)

The outlet covers are extrememly cheap (about 50 cents apiece at a big box hardware store). I suggest buying those yourself, just to limit the repair list to only important items. At this point, you need him to concentrate on the major problems. If you include simple items like the showerhead or outlet covers, he'll want to do those first beacuse the are the cheapest and easiest. Stick to the big items for now.

If you are handy and have a garden hose, you can even eaily flush the water heater. Turn off the breaker or gas to it. Attach the hose to the drain at the bottom. Put the end outside or in a large drain (like the tub) and open the valve. Let it run a few minutes and shut the valve. Allow the tank to fill up completely with cold water again before you trun back on the breaker or the gas and relight it. Make sure the gas or electric is off to the tank. Failure to turn it off will ruin the tank if you empty it while it's still on.