[zack0273]

CALIFORNIA: SAN FRANCISCO
Background:
I signed a 6 month lease for a room and common space in a "3" bedroom home, where the landlord rent the other "bedrooms" to other tenants. I moved in 07/03/07 paying full months rent with no proration, last months rent, and security deposit. Within a week I noticed some issues about the house in general and requested issues be taken care of, with much complaining and dragging of feet, landlord took care of situation.

Main Issues:
Notified landlord via vmail on his cell phone, another tenant was smoking "POT" in the house. The landlord did not respond within 24 hours, so I started calling on a regular basis. On Day 3 he answered and I stated the issue again, he then went off on me calling me names and cusing at me. He stated I was demanding too much as a tenant and wished I would have never moved in, I stated then just give me a 30 day notice, which he did, and I said give it to me in writing.

Is this him breaking the lease, or an agreement for use to break the lease?
If it is him breaking the lease, am I entitled to recover my moving expenses (u-hual, gas, time looking for a place, time taken off work to move)?

The final move out inspection was on 08/27/07, and he stated he would send my security deposit within a month, of which I have not seen yet. He has 4 more days.

Thank You,
Zack

[rockinmommy]

It sounds to me like the two of you made an agreement to prematurely end the contract. You wrote that you stated "give me 30 days notice" and he did so. I don't see any grey area there. I've never heard of a situation where the LL would be liable for moving expenses.

For future reference... you should have just called the cops if there was illegal activity going on that bothered you.

Karla in TX

[ScottGem]

I agree with Karla, you asked to be released and the Landlord granted it.

And frankly, I think you made a mountain of a molehill. Medicial marijuana is legal in CA I believe. Did you check whether that was the case here? Was the roomie smoking in a common area or in their room? Did the landlord indicate this was a smoke free environment?

[Fr_Chuck]

No, it is you asking to be released from the lease, and he agreed.
And it is just you not wanting to leave there

[zack0273]

No, it is you asking to be released from the lease, and he agreed.
And it is just you not wanting to leave there

Thank you all for your help, I just wanted to clarify. Also, I already left, I moved out 25 days ago. In addition, I was told when I moved in it was a drug free environment and smoke free (if anyone smoke - cigerattes it was to be outside). Even if marijuna is legal for certain uses, I have the RIGHT not to be around it. The person was smoking in their room without regard of letting the smoke/smell out their window, and the landlord had new people move in, which smoked in the common areas.

Thank you for your help, and. Fr_chuck you didn't read where I left already.

[ScottGem]

Those additional facts gave you the right to break the lease, but since he agreed to let you out its moot.