Legal Question in Landlord & Tenant Law in California

Landlord not enforcing lease

I recently moved into a new apartment signing a one-year lease. However, after living here for only three weeks, I have become very disappointed with the apartment complex and wish to move. One of my main complaints is that I was told that the apartment does not allow certain breeds of dogs, this was very favorable to me and was a main selling point in my choosing the apartment. I have seen numerous breeds of dog in the complex that are on their restricted breed list, even though they said those breeds were not allowed here. So I have given notice to terminate my lease and have paid the $2000 dollar lease liquidation fee. However, since they misrepresented their apartment by lying to me regarding the rules and regulations that they claim to keep, can I get my $2000 dollars back? It seems to me they violated my lease by allowing those breeds to live here, when in fact, according to the lease, those breeds are not allowed. There are a number of other violations of the lease that they do not enforce as well. Should I be allowed to terminate my lease without having to pay the liquidation fee (can I get my $2000 back)?


Asked on 7/10/03, 9:20 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Landlord not enforcing lease

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Unfortunately you made a huge mistake by paying the $2,000 fee. You should have given notice to the landlord that they were in breach of the lease (or rental agreement) and then moved out. Getting your money back now will be difficult (practically if not legally).

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 7/23/03, 7:38 pm
Jason Hsu Una Law Corporation

Re: Landlord not enforcing lease

If your lease indeed contains the covenant not to allow those types of breeds and they breach that covenant, then you should notice the landlord in writing to perform the covenant.

We can likely assist you with your case; yet, without more information regarding the facts of your case, it is difficult to determine your best course of action. If you are in the northern or southern California metropolitan areas, please contact us via telephone or email us at [email protected] and someone will assist you.

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Answered on 7/10/03, 9:53 pm


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