Legal Question in Landlord & Tenant Law in California

My roommate and I just signed a lease today. As we were moving some things into the apartment, our neighbors informed us that our apartment has terrible wiring problems. There is intermittent power, and switching the fuse requires us to jump down from our porch onto our neighbor's porch. Clearly this is not something we want to do, especially since we both often have to work from home and therefore rely on electricity. Our neighbor said all the previous tenants had major issues with the electricity, and that despite sending over electricians, the problem has never been solved.

We live in San Francisco, California. We are trying to figure out if there is a way to get out of the lease since there is a major problem that was not disclosed to us. Again, we signed this lease literally 4 hours ago. Furthermore, the lessor did not sign the lease (at least not the copy that we have.) Also, the lease term commences on August 1st and today is July 29th.

Any advice you can give would be much appreciated. We would like to get out of this with no or minimal costs.

Thanks so much for your time.


Asked on 7/29/10, 10:01 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

San Fran has very tough rental laws that favor the tenant. These are available on line.

It does not matter when you signed the lease nor does it matter that the term has not begun. Of course if the landlord has not and does not sign you would have no lease, but this is probably unlikely. You would probably have an action against the landlord for fraud or at least not providing safe habitation which he has a duty to do.

I recommend you confront landlord immediately indicating that you will not be taking the lease because of the problems. This would be an unsafe condition. If you have given him deposits or rent you should demand it back. If you get no immediate cooperation you should contact the housing authority responsible for tenant issues and then also immediately file a small claims action for the return if any funds you have paid. San Francisco is kind to tenants in the extreme. The landlord should know this. If he does not he surely should soon!

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Answered on 8/03/10, 11:43 pm


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