Legal Question in Real Estate Law in California

Ending a lease early

Facts:

Signed a 6 month lease on Friday, August 16, 2002. Down payment $645, First mo. rent $645, Deposit $200...Total = $1,490.

Decided later that day that I did not want the apartment...thought my place of employment was having problems and was unsure of my ability to pay rent.

Went into the leasing office on Monday, August 19, 2002 and told them my situation. They said that they would have to keep the keys to the apartment until it was rented (they had to keep the keys in order for them to put the apartment on the market)...and they're making me pay rent until they lease it to someone else.

Is what they're doing okay? Is there anything that I can do? Also, there are no windows in the apartment...is there a law stating that a window is necessary in an apartment?

--name removed--


Asked on 8/20/02, 11:56 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Ending a lease early

Under the Uniform Housing Code and the State Housing Law, every residential rental unit must have natural lighting in every room through windows or skylights, and the windows must be openable at least halfway unless the room has fan ventilation.

The landlord's response to your announced intent to breach your lease seems reasonable, but of course if the unit was not equipped with windows you would have a solid defense to any claim that you were in breach.

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Answered on 8/20/02, 4:43 pm


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