Legal Question in Real Estate Law in California

I just began renting a home on friday the 9th. When we were showed the home it wasn't a licensed Realtor, but his nephew. not all parties signed lease, and the guy didn't go over the lease with us, but was on the phone with the landlord, speaking a different language, and telling one of us to sign. We put 1800 as a security deposit and 900 for rent which started on the 1st and was due on the first After living there about one day we noticed many problems with the house initially the heat wasn't working for the first 4 days. The landlord hired some handyman who didn't seem to know what he was doing, and didn't fix all problems. The furnace doesn't seem to be connected at the top, the backyard hasn't been cut in months, there are no screens on the windows, the windows do not latch properly, and if you go outside and push up on them they can be popped out with ease. There are nail holes in all walls possible water damage on ceilings (yellow stains) the kitchen window leaks when it rains. All of the surfaces and cabinets look as if they've never been properly cleaned with layers of black grit on them. We spoke with the landlord and told him we need a copy of the lease, which he denied. We also requested to give him the first months rent, even keep the $300 fridge that we bought,and we take our security deposit which he also denied. he hasn't returned our calls, and he hasn't given us his name, or even seen us. we just want to terminate our lease with minimal loses


Asked on 4/15/10, 2:03 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

I am just a little confused by your post. First, I don't think it is relevant that the person who showed you the property is not a Realtor, unless he signed the lease instead of the actual owner. Even if he did sign the lease on behalf of the owner, if he has the owner's power of attorney, then there is really nothing to attack there. Second, I am again a little unclear about how you did not notice most of the problems of which you complain. All but the windows popping out should have been obvious during an inspection of the property before you signed the lease. The proper course of conduct is to either not sign the lease until those items are fixed, or alternatively, you can sign a lease that is contingent upon the landlord making those repairs before you move in. In either of those cases, you would probably not be liable for remaining in the property. As it is, if one of you signed the lease, and accepted the property in its present condition, then you are going to be liable for breach of lease damages if you move out before the lease is up. While your offer to let him keep the rent and refrigerator is nice, the landlord probably has no obligation to let you out of the lease. Nobody can tell you for sure that you cannot terminate the lease early until and unless they fully review the actual lease.

Unless the problems with the house raise to a level of making the property inhabitable (which is a very high standard, and what you describe probably doesn't reach that level), you cannot terminate after signing the lease just because you don't like the property after a couple of weeks. I apologize if this sounds harsh, but you really should not enter into a lease unless you have some advice, and have fully satisfied yourself with the property. Now, it may be too late to do anything about it except continue to complain to the landlord demanding repairs. I would strongly suggest that you meet with a housing attorney in your area to see if there is any ability for you to terminate the lease.

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Answered on 4/21/10, 10:34 am


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