c******n
发帖数: 4965 | 1 my neighbor has a log that was often off leash, I complained to landlord, it
got better but they still put it off leash sometimes.
the neighbor was also hostile to us because of the dog matter,
now we are breaking lease and moving out, with 8 months remaining on the
lease.
how much a chance do we have in winning a case to get us released from the
lease?
I talked to a lawyer but he does not want to proactively sue the apartment,
only told me to move out and wait for the apartment to sue me, and then
defend.
thanks! | c**d
发帖数: 3888 | | c******n
发帖数: 4965 | 3 thanks for the response,
it's a danger to people particularly my wife, plus you know offlease
is illegal.
【在 c**d 的大作中提到】
: offleash 怎么影响到你了，还要去告状？
| c**d
发帖数: 3888 | 4 CA doesn't have a state-wide leash law. In many cities it's perfectly legal
to have a dog offleash.
Even if assuming your city has a leash law, your case is still very
unpredictable. The key issue is whether your landlord has breached the
contract with you by not enforcing the city's leash law, or the apartment's
ground rules (if it's written in it). You, or even a lawyer, probably won't
be able to find much on this issue.
My gut feeling is that the law is not in your favor. Of course this is not
legal advice. The best thing to do is hire a lawyer. But given the
complexity of the case and the amount of money at stake, it's probably not
worth it. Just do as best a research as you can, and decide for yourself
the risks and benefits. | c******n
发帖数: 4965 | 5 thanks,
I actually found california laws on leash regulations, and our city codes. http://www.animallaw.info/statutes/stuscafoodagcode31601.htm
the only weak point I have is that I did not take a video of the second dog
off leash violation after the apartment warning, which would prove their
failure to uphold the leash law and provide safe environment. but I did
submit a written complaint of that incident.
I would pursue this through lawyer, but wife is rather distraught and does
not want to go through the hassle, and she's worried apartment office may
send the owed debt to collections. we're trying to settle with them.
we did luckily find a tenant to move in , immediately after we move out,
but the evil apartment does not allow us to terminate lease and sign up the
new guy; instead they said if they sign up the new guy, the price is going
to be the "current rate" which is 200$ higher than our rate, so the guy
walked away. only yesterday I found from the book "california tenants rights
" and Civil Code 1951.2 that after I move out the lease automatically
terminates, and the apartment must try to rerent to "mitigate the loss".
here the loss is our original rate, 1000$, so they should not rent for 1200$
. from our side, we only owe "unpaid rent minus loss which could have been
avoided", in this case the "loss which could have been avoided" is just the
possible rent that the new renter was willing to pay. so supposedly we do
not owe the apartment anything, since the their loss could have been
completed avoided, but they did not take the offer. I think with this
argument we could walk away with nothing owed.
but right now the main problem is wife, so I also want to end it fast with
even about 1000$--1500$ paid to them.
legal
s
't
not
【在 c**d 的大作中提到】
: CA doesn't have a state-wide leash law. In many cities it's perfectly legal
: to have a dog offleash.
: Even if assuming your city has a leash law, your case is still very
: unpredictable. The key issue is whether your landlord has breached the
: contract with you by not enforcing the city's leash law, or the apartment's
: ground rules (if it's written in it). You, or even a lawyer, probably won't
: be able to find much on this issue.
: My gut feeling is that the law is not in your favor. Of course this is not
: legal advice. The best thing to do is hire a lawyer. But given the
: complexity of the case and the amount of money at stake, it's probably not
| c**d
发帖数: 3888 | 6 mitigation takes effect if the contract is silent. However, if the contract
clearly states you cannot sublet without landlord's consent, then you
cannot use mitigation.
I suggest you evaluate your case objectively. Claiming you were free to walk
away because your landlord failed to make sure the tenants were obeying the
laws doesn't sound like a slam dunk case to me.
Of course, if you're willing to forgo the deposit and just disappear, it
might just save both parties a lot of headache... | c******n
发帖数: 4965 | 7 no no "mitigation" according to 1951.2 means that the landlord re-rents it
out,
not renter sub-letting. renter (we ) will turn in the keys now.
u are right it's not slumdunk.
I'd happily forgo the deposit, which is very little, but they wouldn't be so
silly, they will sue me for the remaining rent of 8 months, if I allow them
to try to re-rent for the ridiculous price of 200$+original price and it
never rents out.
contract
walk
the
【在 c**d 的大作中提到】
: mitigation takes effect if the contract is silent. However, if the contract
: clearly states you cannot sublet without landlord's consent, then you
: cannot use mitigation.
: I suggest you evaluate your case objectively. Claiming you were free to walk
: away because your landlord failed to make sure the tenants were obeying the
: laws doesn't sound like a slam dunk case to me.
: Of course, if you're willing to forgo the deposit and just disappear, it
: might just save both parties a lot of headache...
| c**d
发帖数: 3888 | 8 If they wanna sue you they have to know where you live and serve you.
so
them
【在 c******n 的大作中提到】
: no no "mitigation" according to 1951.2 means that the landlord re-rents it
: out,
: not renter sub-letting. renter (we ) will turn in the keys now.
: u are right it's not slumdunk.
: I'd happily forgo the deposit, which is very little, but they wouldn't be so
: silly, they will sue me for the remaining rent of 8 months, if I allow them
: to try to re-rent for the ridiculous price of 200$+original price and it
: never rents out.
:
: contract
| c******n
发帖数: 4965 | 9 ah.....
that is super easy, no? credit bureaus have all that info, they can just
hire professional servers who will find out immediately
【在 c**d 的大作中提到】
: If they wanna sue you they have to know where you live and serve you.
:
: so
: them
| c**d
发帖数: 3888 | 10 Not worth their time and money, especially if the apt can now rent for $200
higher like they said.
【在 c******n 的大作中提到】
: ah.....
: that is super easy, no? credit bureaus have all that info, they can just
: hire professional servers who will find out immediately
| c******n
发帖数: 4965 | 11 thanks for the reply.
actually 200$+ is just their claim, the market is not changed, they have our
due rent as backup so they have nothing to lose.
I know that we don't owe anything since we already found new tenants for
them taking 1000$, but wife just doesn't want to go to court,not even
thinking about court, unfortunately this lead to a lot of argument between
us, this is the biggest damage......
200
【在 c**d 的大作中提到】
: Not worth their time and money, especially if the apt can now rent for $200
: higher like they said.
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