Legal Question in Real Estate Law in California

I recently rented a property and on my walk through the Property Manager indicated the AC was Satisfactory..It did not appear to work so I contact the PM company to have someone come out and come to find out there is NO AC at all...can I get out of my lease?


Asked on 8/23/13, 12:16 pm

2 Answers from Attorneys

What does your lease say about AC? If yo had no ac how could it appear that the AC did not work. Is there an ac control? Would like to know more facts here to give you advice.

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Answered on 8/23/13, 10:37 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Possibly. Was your thought to sue to cancel the lease, or to depart and then defend the breach of lease case? I'd start out by asking the PM whether they'd let you out of it voluntarily, without the necessity of taking them to court, or, alternatively, just moving out. Next, I'd need to know whether there is any reference to AC in the lease, or in any advertising of the place; also, whether it's in a hot area where AC is almost standard, or maybe a beach area where temperatures are lower; whether other units in the same building, complex or neighborhood have AC; whether the place could be adequately cooled with one or more window units, and so on. It would also be helpful to know whether you gave a substantial security deposit. Finally, you want to avoid a lawsuit if you sue to have the rental voided, or being held liable for lost rent if you just take a hike; it isn't worth it. However, the landlord/PM does have an obligation to attempt to re-rent and can't just automatically charge you 12 months' rent (for example) if you did breach a lease.

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Answered on 8/23/13, 11:03 pm


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