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Gave Written Notice To Vacate Under Ca Civil Code 1942 For Uninhabitable Conditions. Did I Do This Properly?

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Location: Los Angeles County, California

Hello everyone! I signed a one year lease early last month. I did my due diligence during my tours of the unit with the landlord, but many defects (beyond cosmetic) were concealed and I documented and notified the landlord during the first day of my tenancy. Additionally, more issues revealed itself after I started utilities to the unit and rainy weather began. I reported the issues that needed repairs to the landlord during the first week of my tenancy, and begged the landlord to fix them. The landlord told me everything is fine and actually blamed me for many of the pre-existing damage that I found at the very start of my tenancy. The landlord eventually ignored me, and I called the city's code enforcement. The city inspector logged 10 violations in my unit and a note to check building wide fire system failure.

Violations include, not limited to: missing detectors, leaking/roach-infested fridge, leaking countertop, water damage under the sink, broken mirrors, windows that don't lock, water intrusion in the ceiling every time it rains, AC/heat not working, damaged door frame/unsealed door.

I did not start gas until a functional CO and smoke detector was installed, which was about 10 days ago. I did not have hot water for the month. When the gas company came to do their inspection, they tagged the water heater to my unit as hazardous and noted that my stove did not work. Both have since been fixed along with some of the violations (cheap fixes), but the issues that remain include: more missing detectors still needed in unit, water intrusion, unsecured front door and windows, water damage in wood storage areas. Central AC and heat has not been verified, but the thermostat in my unit is very inaccurate. The city ordered a licensed pest control to serve my unit, and they found german roaches and sprayed my unit down. After, I overheard the landlord arguing with the pest control person to not include his findings in his pest report. I am most afraid of the water intrusion (and possible mold) in the ceiling; every time it rains, there is a continuous stream, and the landlord places multiple buckets under it.

Additionally, the landlord has an active case with the city attorney regarding the broken elevator in the building. I spoke to other tenants, and they let me know that the elevator has actually been broken for two years, and that the landlord also told them that the elevator recently broke and will be fixed soon. I verified this by pulling official reports from the city's public records. Other tenants have similar issues with the condition of their unit/building and the landlord's character. Furthermore, pipes constantly burst in our garage, and many tenants have told me they have complained about uncontrolled water leaks onto their cars and belongings.

Due to all of these habitability issues and the landlord's uncooperative and neglectful attitude, I asked to break my lease. The landlord argues that since I got the city involved, they are not legally allowed to break my lease until the violations are resolved - I know this is not true.

Earlier this month, I delivered a written 30-day notice of vacating + return of my security deposit within 21 days by hand (with members of the city's tenants union as witnesses, by email, and certified mail to the landlord. In the letter, I cited Civil Code 1942 and said I will be vacating in 30 days due to uninhabitable/unsafe conditions of the unit and building. Rent will be paid through that referenced move out date. The city inspector is due to return for reinspection soon.

Lawyers I have consulted with straight up told me I should just move out, but I am hesitant on the repercussions and whether or not I proceeded with this correctly.

Questions:

  1. Was this notice and timing enough to count as written notice plus a "reasonable time" to repair under CA Civil Code 1942, given that some items were reported more than 4 weeks ago + more discovered with from the city code enforcement inspector? Do these items that still need repair justify me using this civil code?
  2. If the landlord does last minute fixes before I leave at the end of my 30 days, does that hurt me?
  3. If the landlord claims I owe rent after the end of my 30 days, how exposed am I? I understand the possible actions the landlord could take against me for doing this (e.g. suing me for a years of rent/eviction proceedings, hurting my credit, or being sent to collections) and am hoping the referenced civil code will protect my rights as a tenant.

I have extensive documentation for everything. I have been patient, but I am at my wits end. This is borderline fraud, and I feel scammed. Thank you all for your time.

submitted by /u/WonkyFloorLamp
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