Legal Question in Real Estate Law in California

we signed a lease for one year but have not moved in yet. We have been waiting for one week so far for the owner to fix a sliding glass door that does not close or lock. Can we get all of our money (2 months deposit and 2 weeks rent paid up front, and cancel the lease.


Asked on 6/25/10, 5:40 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If the landlord told you the place could be moved into on the agreed to starting date last week [and you have to be out of your other place by then]and if the problem is significant [prevents the house from being entirely secure, have child you do not want to go outside on their own, afraid someone will break into place] then it might be enough to warrant a claim of breach. It might also indicate to you that the owner can not be trusted as to making repairs. What is sufficient to cause a breach is not clear, but this problem likely is.

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Answered on 6/25/10, 9:17 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes.

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Answered on 6/25/10, 9:50 pm

Read your lease. Most leases have a delivery clause that provides that if the landlord is unable to deliver the premises for whatever reason on the date promissed your only remedy is rent abatement. Only if it exceeds all reasonable time will you be allowed out of the lease. A week or two is not completely beyond reasonability. Generally it requires several weeks or a month.

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Answered on 6/25/10, 10:49 pm


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