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momon2acres

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Posts: 2
Reply with quote  #1 

As a Ca landlord I have not come across this issue.  I need advise.

My son signed a 12 mos lease  last April.  Apparently, they also signed a 'lease break agreement of $800 per tenant (2)' if they broke the lease.  They had no intentions of breaking it.

Recently the roof required repairs.  My son was not aware until people were seen working on it but just this week,  that roof issue appears to have been leaking down the inside of his bedroom wall behind the sheetrock, behind the bed and the wall has begun to bubble, the sheetrock seam has pulled away and carpet feels damp at the baseboards.  Under regular circumstances he would notify the manager and live through the issue of dehumidifying the unit and repairs, however...

my son learned the very same day this was discovered that the cancer he was diagnosed with last year (and had surgery for) has returned and he has been scheduled to begin chemo immediately.  He starts Monday.  He cannot wait for the time it will take to remedy the moisture in the unit and he is going out on disability.  He cannot stay.  Chemo will kill his immune system.  He cannot stay in this unit.

How should we approach the management.  We will be moving him out immediately and the unit will be left clean and ready to rent after they take care of the leak damage.

Any advice is appreciated.

 

5001

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Posts: 71
Reply with quote  #2 
So sorry to read about your son's medical situation, however, under California law, there are no exceptions for medical condition releasing a tenant from fulfilling his obligation under a fixed term lease. I also read you describe the roof leaking, however, that is being repaired and under California law, the tenant may not vacate or break the lease unless the condition constructively evicts that tenant, which is not your case. The best thing to do is to go to management, you and your son and explain your position and it's possible he could get a roommate, it's possible that the landlord or the resident manager has another available prospective tenant for that unit, but in any case, he did sign the break a lease provision and that might just be the best way to remedy the situation quickly. Good luck.
LLinVA

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Posts: 240
Reply with quote  #3 
I agree, they haven't done anything that would justify him leaving. Would he be able to stay somewhere else until the work is done, or would he have to move out even if the leak hadn't happened?

If you go to them and explain the situation without expecting anything and just ask if there was anything they could do, you may get a little more flexibility than they are obligated to.
momon2acres

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Posts: 2
Reply with quote  #4 

Thanks for the replies.
He is moving home because they expect him to be too sick to drive the hour away that he lives and this is for 4 months at the least.  Possible longer so his disability check will not cover his rent.
We have him mostly moved out and it will be cleaned and ready before the 1st.  We are going to pay the Dec rent with a 30 day notice and go to the manager and propose that if he surrenders his deposit with the condo in ready to rent condition and pays his rent with a 30 day notice, would they let him out of the lease without the $900 lease break penalty if he gives them the keys to the apartment on Dec 1st, along with rent paid through Dec 31st.  His chemo begins today. 
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