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About Paulette
Expertise
I'm a landlord in California as well as a real estate investor. I know a good amount of information regarding landlord-tenant issues especially rent controlled properties in the los angeles area.

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see above

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I'm one of the real estate investor experts on this site and have been answering real estate questions for over a year now.

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I have a bachelors degree in Health administration, a pending masters degree in Public administration and over four plus years as a landlord. I manage and operate a variety of properties in and outside of california.

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See histor/list for pvmproperties, llc.

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > breaking a lease before moving in

Real Estate Law (esp. Landlord-Tenant) - breaking a lease before moving in


Expert: Paulette - 8/4/2009

Question
My husband and I just signed a lease on a duplex. The previous tenants had moved out very quickly, and the place was still being cleaned when we looked at it. Because of this, we missed some important details that we feel the landlord should repair. This includes peeling ceiling paint in the bathroom, broken kitchen cabinets, baseboards not properly attached, window seals needing to be replaced, outside cellar doors are rusted and barely attached, cellar is utterly disgusting and without light, window in bathroom does not open, entire place needs to be painted, rugs need to be replaced badly. We are willing to do some of this work as long as we are reimbursed. The main problems are the safely violations, since we have a 2 year old. The landlord has made it clear that the place is "as-is" but we feel as though she still has certain landlord responsibilities.
We have until the end of the month on our current apartment, and have signed the lease for the new one (so we are renting 2 places currently). We have not officially moved it. If she refuses to repair, can we cancel the lease and be refunded our money?
thank you

Answer
Hi Melanie,

This is a tough one.  Since you've already signed the lease, i'm sure there's some clause in there that if you don't move in you'd forfeit some type of deposit.  Find out how much would it be if you don't move in.  They would of course have to refund you the rest minus the deposit.  You should read what you signed and see what it say about not moving in.  If they are honest; they should repair these things before you move in.  No place should be rented like this. I'd put a letter in writing asking all that you are mentioning and see what they say.  If they don't budge; see if you could take photos and sue in small claims for your money back.  I'm sure you'd win.

Good luck.

Paulette

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