Can I terminate my lease due to maintenance issue not being resolved for 2 months?

UPDATED: Aug 2, 2011

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Can I terminate my lease due to maintenance issue not being resolved for 2 months?

I’ve moved into an apartment and a week after I’ve moved in, part of the ceiling fell off due to water lacking from the pool above. They put a temporary thing to let the water goes down to the sink. They said it should be fixed shortly. I’ve followed up a few times but still nothing being done. 2 weeks ago, another part of the ceiling fell down. They fixed this in 2 days but leaving the ceiling uncovered. They said they don’t have the ceiling part. My lease is 6 months. The sales never told me any possible problems. Can I terminate the lease and move out due to these problems?

Asked on August 2, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely you can terminate your lease based upon what you have written concerning your question. In California, there are statutes requiring acceptable habitable conditions for tenants. What you have written about water intrusion issues and resulting safety issues concerning the unit you have leased clearly go to unacceptable habitability conditions for you.

You should write your landlord a letter referencing unacceptable habitability conditions as to your rental advising him or her of safety concerns and that you deem the lease breached by your landlord keeping a copy of the letter for future use if need be. Per terms of the lease advise landlord that you will be moving out by a stated date given the ongoing two month problems you have had with the unit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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