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Landloard breaking a lease agreement
We live in an upstairs unit in CA. There are other tenents in the unit below us that complain about any little noise we make. They bang on the ceiling even if they think we are walking to loudly. When we moved in there was no carpeting, they complaind & the landlord told us we would have to put in carpets or move. We put large rugs in the livingroom, hallways & both bedrooms. They still complain. We've talked to them several times and try very hard to get along. They blast their stereo, have screaming fights, slam the doors at all hrs. We finally complained to the manager, now WE got a call from the owner telling us WE had to do something to get along with them or WE have to move. We do have a 1yr lease. We've been there 3mos. They have been there close to 1yr & the owner says she doesn't want to loose them. What can we do? We have 2 toddlers and I am disabled. We don't want to have to move.
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You document the steps you have taken to mitigate any noise. You document the disturbances from them. You then tell the landlord that you have done everything reasonable to mitigate any noise from your apartment and that you believe their complaints are groundless. You then tell the landlord, that you plan on holding them to the lease unless they decide to buy you out in which case you will take three months rental as a buyout. |
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Not sure what you mean by "buyout action noted in the Renters Rights". As I see the facts here, you have not violated the terms of the lease, therefore, she has no grounds to terminate your lease early. If she gives a notice of termination, and you don't vacate, she will need to institute eviction proceedings. This will give you a chance to make your case in court that you have done nothing to violate the terms of the lease. I think, if you have documented things well, you will win.
A buyout is probably not listed specifically in CA law. But since it's a negotiated item, it wouldn't have to be. A standard buyout is 2 months rent, but I would ask for 3 and negotiate downward. |
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