Legal Question in Real Estate Law in California
Leased under false pretence?
Greetings. I recently signed a 1-year on an apartment. During the walk through I asked the landlady specifically and on multiple occasions if the neighbors on both sides were quiet. She promised me they were. This has proved not to be the case, with the neighbor in the next building playing loud music at 3 a.m. I have tried to deal with the neighbor and even called the police. I can't get anywhere, and I can't go on living there. I feel she was dishonest with me during my initial questioning. Do I have any grounds for breaking the lease and moving?
1 Answer from Attorneys
Re: Leased under false pretence?
Technically either negligent or intentional misrepresentation of a material matter, followed by your reasonable reliance on the misrep. is a ground for rescinding (cancelling) a contract.
You should look at Civil Code sections 1688, 1689, 1691, 1692 and perhaps 1693 at the library.
You run a substantial risk of not winning a legal action following at attempted rescission because such matters become a contest of credibility and proof at the small-claims court. There is also the matter of proving that the noise problem is major enough to represent a material misrep. Meanwhile, the landlord has your deposit.
You are probably going to be better off by negotiating all the way. Negotiate to be moved into a different unit in the complex, if possible. Negotiate to be let out of your lease voluntarily. Tell the landlord you intend to rescind based on misrep. and see if they offer you a deal. Get as much in writing as possible.
Only walk out on the lease if all else fails, you have a strong case, and a stomach for enduring a hassle which you may not win.
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