Breaking lease before move-in

This is a discussion on Breaking lease before move-in within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I live in California. Very foolishly, I signed a lease after touring a very nice model apartment. I was told ...

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Old Jul 21st, 2008, 10:22 AM   #1
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Confused Breaking lease before move-in

I live in California. Very foolishly, I signed a lease after touring a very nice model apartment. I was told my apartment would be exactly the same but with just one extra bedroom since it's a two bedroom. I signed the lease and put down a deposit and first month's rent.

After getting the keys, I see that the apartment I've signed for looks nothing like the model or the printed layout they showed me. The windows and doors (including the front) don't shut properly. The paint job is shoddy and stops about a half cm from the carpet. The cabinets all hang crookedly, the dishwasher looks like it was installed in two minutes, etc. Overall, it's in poor condition.

I have not moved in yet and am considering what to do next. I don't trust their workmanship and would prefer not to live there. I know I've already signed the lease, but I wonder if the condition of the place gives me any leverage in trying to get out of it. Or do I just have to tough it out and move into this shabby place and hope they repair what they can? I would appreciate any help. Thanks!
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Old Jul 21st, 2008, 08:11 PM   #2
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Default Re: Breaking lease before move-in

You've signed a legal contract and cannot simply break it now. Write the LL immediately and tell them that the unit is not in the same condtion as it was promised and that you will not be taking occupancy until the folowing items are fixed: (List the cabinets and doors/windows). The paint stopping 1/4" from the carpet is fairly normal as the painters don't want to get paint on that carpet. Perhaps the unit was supposed to get baseboards that were never installed? You can request these if they were present in the one you viewed. What exactly is wrong with the DW? Did you try to run it? If it works properly, ignore anything else about it.

Send this letter to the LL immediately by certified mail, rrr, and keep a copy for yourself. Ask in the letter that they contact you immediately so you may know when you can expect to obtain occupancy of the unit in the condition that you were promised. Post back here with the results.
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