Legal Question in Real Estate Law in California

Re: Leases

I think that a fireplace in a rental home is a sufficiently significant feature so that its removal would, at least arguably, constitute a breach of an implied term of the lease. The description of a thing sold or leased is not supposed to change between the time it is shown or demonstrated to the buyer or lessee and the time it is delivered or possession made available.

You would not be unreasonable at all in asking the landlord to make a rent concession. This is not to say she or he will agree, or that you'll get as much of a concession as you want.

If you refused to take possession and 'broke' the lease, there is a reasonable chance you would prevail if sued in small claims court, but also some risk that the judge wouldn't see it your way.

One thing that concerns me here is the apparent 'portability' of this fireplace. I would usually expect a fireplace to be a semi-permanent installation in a room. If the fireplace in question is something less than the kind that lend particular charm and value to a home, i.e. just some kind of portable heater or stove, I would consider your case a lot weaker.

Also, your case would be weaker if the use of such fireplaces were banned by an air-pollution law of some kind. This would be a better defense for the landlord than lack of insurance.