Legal Question in Landlord & Tenant Law in California
We just rented a single family home with very high rent, which we were shown after work, and they displayed the serene, quiet backyard, and they talked about how beautiful it is to be there outside with the view, which is why we selected this home. Within a few days of moving in, we heard yelling, banging, drum playing, and screaming right beside our home. It was not disclosed to us that the neighbor had a city permitted, operating day care business in the home next door, that abuts right up to their side fence from 7am to 5pm with 14 screaming children. You can hear the yelling from inside, with the windows and doors closed. Our property manager asked and found out the owners knew. (We told him 3 weeks ago.) Our property manager talked to the neighbors and they were quieter for 3 days, and again it is blaring when you think you have a moment of quiet, and then you hear bursts of screaming on and on, louder than a playground. Our next rent and the other 1/2 of our deposit is now becoming due. Apparently the property manager is in discussions with the owner to see if they will consider reducing our rent because the value is lessened. Had they told us the truth, we would never have rented the home whatsoever. If they put the ad in the paper with the high rent figure and that there was a loud business next door, it would have reduced perhaps to zero the number of people who would have called on the place. Do we have a right to wait on paying the next month's rent until this is resolved? We already paid first month's rent and deposit when we moved in. They wanted a double deposit, so we owe the second deposit and the 2nd month's rent. (These amounts may be reduced if they agree to a rent reduction for the loss of quiet enjoyment, and failure to disclose this intrusive noise.) I would appreciate your thoughts on this matter. It cost us a lot to move here, and we work full time and evenings, and it would be a big hardship to have to move again. Can we delay in our payment of our next month's rent, and what do you think about the owner's misrepresentation of the property and failure to disclose the neighborhood nuisance? Thank you for your advice.
1 Answer from Attorneys
I have good news and bad news for you. The good news is that although not often invoked, lessors of properties are entitled to the same general disclosure rights as buyers, meaning that the landlord must disclose all facts known to them that might materially affect the value or desireability of the property. The bad news is that it does not give you a right to withhold rent. Under the facts you describe it would probably give you the right to rescind the lease and move out, or it gives you the right to stay and sue for damages. But there is a basic rule that one party's breach of a duty under a contract does not absolve the other party of their obligations under the contract unless the contract is recinded entirely. A major rent reduction is probably a good negotiated resolution to this situation if you can put up with the racket. Otherwise you need to be prepared to move and go after the landlord and the agent for your cost of moving, etc.
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