How can we terminate our lease due to unsafe living conditions?

Full question:

We received a 'general counsel' letter from our Landlord in house attorney, advising us that we would not be allowed out of our lease. We have had a series of problems with a Rental Lease whereby we pay $4500+ $500 water per mo. We our very good tenants, but have been treated poorly as to response to repairs necessary. The largest was a BEAM in the living room that is constantly cracking and in danger of coming down. We just had an EARTHQUAKE in San Diego yesterday. On Friday I had a Structural Engineer inspect the beam and attic - it cost us $450. This came on the 'heels' of us being told that 1) The Owner is NOT going to repair the beam. Then, when we proceeded to exclaim that he must be signaling we need to move, responded with: 2). The owner is sending out a Structural Engineer, THEN it became an Architect, then a Contractor with a Framer. The end result was NO ATTIC INSPECTION by them, yet a discovery that THE BEAM HAD BEEN PREVIOUSLY PATCHED. The method the Owner is taking is to place a strap on the visible part of the beam - I would like to give notice, take advantage of this opportunity to MOVE, and leave this problem to them to mitigate, - TOO MUCH HASSLE for a $5,000 monthly rental. How can we terminate our residential lease smoothly?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: California

Answer:

A landlord is generally required to provide a habitable living space as outlined in the lease. This includes meeting basic standards such as safe structural conditions. In California, if your rental property is unlivable due to issues beyond your control, you may be able to terminate your lease without penalty. For a property to be considered untenantable, the issues must be significant, such as structural problems, plumbing issues, or other serious defects.

If you have made repairs after notifying the landlord, you may be able to deduct those costs from your rent. Here are some steps to follow:

• Send a written notice to your landlord detailing the defects and necessary repairs.
• Allow the landlord a reasonable time to make those repairs.
• If repairs are not made, contact your local building or health department for an inspection.
• The inspector will notify the landlord of the needed repairs.
• If the issues persist for 35 days after the notice, you may have grounds to terminate your lease.

To end a month-to-month rental agreement, provide your landlord with written notice equal to the number of days between rent payments (typically thirty days for monthly payments). Ensure your notice includes the date you intend to move, and keep a copy for your records. It's best to deliver this notice in person or via certified mail with a return receipt.