Mutual agreement to break lease

[compustrat]

I posted a few months ago with some ongoing issue regarding a retaliatory landlord. I've believe my situation is sufficiently different, having dealt with most issues, and followed the advice of the replying poster. So I made a new thread.

Remembering that I'm renting a condominium from the owner, here's where I am:

On August 26, 2008, I sent my LL a (single) certified piece of mail which contained a five separate demands for repairs. These were all reported within the prior 1-1.5 years, with no complaint being less than 4.5 months old. Though I reference the lengthy wait for results in each respective correspondence/letter, I expect (if it comes to it) for a judge to view the complaints as issued on 8/26/08.

I sent certified copies, return receipt requested, to the LL I deal with, registerd copies to his co-owner (co-lessor) living in China, and hand delivered copies of that correspondence to the HOA (per that original advice mentioned above).

The complaints were:

1. Garage door lock unservicable, and broken door with large metal pieces hanging precariously from them.

2. Stray pet "waste" products in the complex, but specifically citing the urine and excrement recurring on 'my' screen door and front door from marking strays. I requested it to be sanitized, repainted (peeling) and the application of a pet repellent to the exterior.

3. Roof leak and interior ceiling damage. It rarely rains in California, but the rapidity with which damage spread after a single rain, it's a safety concern (to us).

4. Earthquake damage from early August (a 1.9 quake) that created some somewhat minor, though visibly separated, cracks around the door, as well as a significant 24" vertical crack on the door jamb on the side where the door knob and locks meet the jamb. He called the HOA on this..and they visually inspected it, and told 'me' that the jamb needed replacement, along with the door itself. However, the HOA came back to me 2x, to complain that the LL was not responding to their inspection results.

5. "Completion" of the kitchen project he started 4.5 months ago, without further delays. This is the biggest item since, under CA Civil Code 1942.5, I believe that he has refused to do this out of retaliation. I don't think I'd pursue this legally, but retaliatory reduction of services is specifically cited in this section/subsection of the civil code.

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To date, the LL appears to have ignored the certified mail. He lives 5 minutes from me, and they would have been delivered the following day. Today, it's been 10 days since mailing them...and I have not received any return receipts!

However, as he does each time I assert my rights under the law, he called me and gave me yet another lecture on how 'a simple call would suffice'...and then proceeded to insult me...but then insisted that I call him because he needed out of our lease agreement. I sent him a document that I've asked him to have both the owners to sign and send to me, and that I'd sign and return their copies via certified mail.

He's (tentatively, pending a signed agreement) agreed to forgive one month of rent (October 2008).

Since CA law does not allow someone to use security deposit for last month rent... I included three provisions. (1) they release me from the need to have a security deposit on file, and release it immediately. (2) I direct them to keep it, specifically stating it will satisfy November 2008 rent. And (3) that, should I vacate the property prior to November 30, 2008, I'll be entitled to a pro-rata refund of Novembers' rent...and that this refund must be processed within 30 days from the day I vacate the property (the method of vacating and notification is also spelled out in the document).

It also waives "their" right to a walkthrough, acknowledging (in advance) that I've returned the property in at least the condition offered to me, and that I've taken care of all necessary tenant upkeep satisfactorily.

Finally, it states that 'neither' party surrenders any rights not stated in the document, and that the document itself constitutes a 'meeting of the minds' with no extraneous (non written or signed by all three of us) provisions being valid.

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First off...will this document be legal? He might agree to get it notarized, but his co-owner is in Beijing China...and I'm concerned with time frames to act on the law.

If I move before November 30...can he screw me over on the refund?

Also, I think he blew off the certified mail. He knew they were coming, but chose to pursue an agreement to leave instead.

My biggest concern is that I do not miss any opportunities to act. This guy is a master of the "Stonewall" process...and I'd hate to move out and have this guy pursue me for something later.

I think he wants this rental arrangement over as much as I do. But he's exercised far less than even basic ethics in dealing with me...so I'm just being sure.

Thanks again...this forum is really one of the best things I've ever found on the Internet! And I've been in IT for >15 years.

A document such as the above, if signed by owner (one owner should suffice) and tenant should be legal. It shows an agreement to end the lease. You should add something about having no further obligation of lease terms too, so he can't hold you liable for any future items under the lease.