Legal Question in Real Estate Law in California

Re: Broke Lease

Why did he sign the lease if he was worried about lead and asbestos? Would he have signed it anyway if the disclosure had been made before he moved in? Why is he worried about lead if his daughter is 12? Usually it is infants and small children who are at risk because they will chew on old painted surfaces.

If the disclosure was made late your friend could have refused to sign a lease, asked for a shorter lease or month-to-month or negotiated something else. I'm not sure what his remedies are now, but since he waited 6 months to object I don't think he would have the sympathy of the court.

Re: Broke Lease

There is nothing that the landlord has done illegally. Landlords are required to give lead based paint advisories to everyone who rents if the property is not recently built--that does not mean there is lead-based paint there. Further, if your friend felt there was a "risk" he should have determined that at the time of receipt of the warning, not 6 months later. The landlord can hold him to the entire lease; if your friend does not live up to the agreement for the entire lease period, he is in breach of contract. It may be that he or she is simply looking for an excuse to try and get out of the lease, but this is pretty flimsy.