Rentals in Newport Coast>Question Details

Lorilynn, Renter in Newport Coast, CA

how can I get out of my lease.?

Asked by Lorilynn, Newport Coast, CA Mon Feb 27, 2012

There is a number of things wrong and I have sent lists to my landlords assistant over the past 7 months, he still has not addressed these issues. Also, the street in which we live has a high crime rate. Never knew this moving in. Otherewise a great beach community.

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The Coastal Team’s answer
We have just "one" word for you Lorilynn ... "CLICK"

They are the correct p[lace to assist you =)

Wishing you all the best, keep us posted!

The Coastal Team
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1 vote Thank Flag Link Mon Feb 27, 2012
You state you have been in this home for at least the last 7 month period. If you have a 12 month lease, then your term may be over soon. I would start to search for a new place to live now so you will have a place to go when your lease expires. Be sure to give your landlord plenty of notice of your intent to move. If you are staying then you may need to discuss your issues with a real estate attorney who can help you. We are not attorney's and can't give legal advice.

All the best,
Gary Geer
0 votes Thank Flag Link Mon Feb 27, 2012
Hello Lorilynn !
I was floored to hear anyone say there is a high crime rate in Newport Coast. We have friends that live there and would be news to me. That said, maybe you have seen something they have not.

Options as I see them :
1) Move out Now by Breaking your lease and PAY the early termination fees, etc, etc, as governed by terms of the lease (( be careful to leave the home in move~iin condition to ensure you don't incurr additional cleaning expenses))
2) Get your Rights and Obligations explained to you - by talking to Fairhousing and/or Real Estate Attorney, Then either talking with or writing a letter to the landlord ((using guidelines explained to you))- To get things resolved once and for all.

Wish You Well,

0 votes Thank Flag Link Mon Feb 27, 2012
Lorilynn -

I should have asked earlier - Are you renting a condo from an individual or an apartment from a large apartment community?

If a large apartment community, is there a Lease Break Clause in your lease?
0 votes Thank Flag Link Mon Feb 27, 2012
You should talk to a local real estate attorney.
0 votes Thank Flag Link Mon Feb 27, 2012
Dear Lorilynn:
There must be an HOA where you live? If so they would have known about this and should have revealed it to the homeowner(landlord). That should have been revealed as part of the disclourses if it is a rate higher than normal. It may just be, unfortunately, a sign of the time.
If you can find that in the HOA minutes you may be able to use that to terminate your lease. I am not a lawyer so that is not a fact that I can verify but it does give you ammo. ALso the landlord is required to keep the property functioning at the level in which you moved in, if he has not honored that you may, also be able to challenge the lease.
I advise my clients to always check with the local police department prior to moving into an area to see what is going on in the neighborhood. They are a great resource.
YOU may want to contact a renters rights group and see where you stand.
It is possible if the issues you are concerned with may be fixed by you and deducted from the rent. IF landlord agrees GET IT IN WRITING BEFORE YOU DO ANYTHING!
Hope you are able to resolve the issues in a friendly manner. Most landlords do their best to do the right thing.
Best regards,
Valerie O'Brien
0 votes Thank Flag Link Mon Feb 27, 2012
My sister and brother in law have lived in Newport Coast for years and we visit them often. With the 24 hour manned gated security and the wall surrounding the area I'm shocked to hear about the crime rate. My inlaws have never mentioned anything about crime and they've been there for years. What type of crime are you referring to and how frequent is it?
0 votes Thank Flag Link Mon Feb 27, 2012
The items you submitted for repair must be items that are life threatening or a serious health risk in order to break a lease. The crime is not a reason to break a lease. You should have researched the street prior to signing a lease. I suggest you tell the landlord you want out & see if he/she is willing to work with you . If not I'm afraid you have no recourse.
0 votes Thank Flag Link Mon Feb 27, 2012
It would depend on what the issues are that have not been taken care of. I would be happy to talk with you about the issues to see if there is anything you can do and to find out if the property is in default which may be the reason why the owner has not wanted to do any repairs. I have managed rentals for the past 8 years and I am very familar with the rules for both the owner and the tenant.

Lori Hanson
OC Homes Realty
714-585-5236 Cell
0 votes Thank Flag Link Mon Feb 27, 2012
Hi Lorilynn, I'm sorry to hear that you are not enjoying your rental. You should find the answer to your question in your lease. Typically there is a provision to an early vacate and it will specify how much it would cost you, breaking the lease early will incur a penalty. You should also find information whether or not finding someone to take over your lease is an option.

Is the rental managed by a company or by the owner? Is there a physical address you can to to speak with them? If the condition of the condition of the property is not as promised as in the lease then you should continue to fight to have the issues addressed, if an early vacate is not an option for you. But do not stop paying rent!

Below the link to the CA Department Consumer Affairs Landlord Tenant Handbook that will give you lots of info as to your rights and responsibilities as well as your landlords and what you can do to resolve issues:

Good luck and best wishes!
0 votes Thank Flag Link Mon Feb 27, 2012

Great question...

Being that you have submitted numerous request for repairs should bear some negotiating powers. You can always just ask the landlord to get out, t for he reasons above and include the crime rate. You can also try to get another rentor to take over you lease. Have then complete an application for rental and submit to landlord for approval.

Hope this helps...


Alex Vargas - (714) 269-8775 Mobile
Weichert Realtors
555 Corporate Drive Suite 100
Ladera Ranch, Ca 92694
0 votes Thank Flag Link Mon Feb 27, 2012
Contact an Attorney or Google "Legal Aid" in OC
0 votes Thank Flag Link Mon Feb 27, 2012
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