Breaking lease before move-in (apartment complex, tenant, renter, security deposit)

[turtlturtlturtle]

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 paid 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 is installed incorrectly and looks unstable, 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 would like to get what money I can back and find another place. I know I've already signed the lease, but wonder if the poor condition of the property gives me any leeway in breaking the lease without losing out completely in financial terms. Or am I obligated to move into this shabby place and wait for repairs? Thanks very much for any help.

[CityGirl72]

SHould check the contract is their a 30 day wiggle room?

[Ultrarunner]

Habitability is defined as follows

California Tenants - California Department of Consumer Affairs

Conditions that make a rental unit legally uninhabitable

There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings "123 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.124

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.125

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:126

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.
In addition to these requirements, each rental unit must have all of the following:

A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.127
Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.128
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.129
Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).130
The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect habitability.131

While it is the landlord's responsibility to install and maintain the inside wiring for one telephone jack, the landlord's failure to do so probably does not violate the implied warranty of habitability.132

An authoritative reference book suggests two additional ways in which the implied warranty of habitability may be violated. The first is the presence of mold conditions in the rental unit that affect the livability of the unit or the health and safety of tenants. The second follows from a new law that imposes obligations on a property owner who is notified by a local health officer that the property is contaminated by methamphetamine. (See When You Have Decided to Rent, Methamphetamine Contamination.) This reference book suggests that a tenant who is damaged by this kind of documented contamination may be able to claim a breach of the implied warranty of habitability

[Ultrarunner]

Originally Posted by turtlturtlturtle

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 paid 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 is installed incorrectly and looks unstable, 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; I would like to get what money I can back and find another place. I know I've already signed the lease, but wonder if the poor condition of the property gives me any leeway in breaking the lease without losing out completely in financial terms. How do I know if the conditions of the apartment are bad enough to be deemed untenantable? If so, am I able to demand my first month's rent, pet deposit, and some of my security deposit back? Or am I obligated to move into this shabby place and wait for repairs? Thanks very much for any help.

My thought is "Bait and Switch" instead of Habitability...

Generally, the other party has to be given a chance to make things right and it is also true that taking possession might weaken your case.

You might refuse the apartment on the basis it is not what was represented and ask for another apartment.

You could also negotiate a buy out of your lease.

Worst Case is you don't move-in which costs you money until they have a new renter...

A few dollars to have a attorney review your lease is probably well spent if your looking for a way out... otherwise, insist the repairs are made.

[RussRIK]

I would consider going to the Department of Consumer Affairs or talking to a lawyer. You definitely have a case for what was promised in the lease not actually being provided, at least from the sound of it.

[ESFP]

There's Ultrarunner! I knew you could help. What is suggested is sometimes known as "Constructive Eviction" meaning that the place is uninhabitable and as such, cannot be moved into. In renting, verbal anything is worth nothing. Get it in writing. Anyway, you may have legal rights to negate the lease, and as suggested, sometimes there's a FTC (Federal Trade Commission) Cooling-Off Rule, but only for 3 days if at all. Usually, there's no way to cancel any contract, other than as a courtesy written in the contract, just as there is no such thing as a "grace period". You may be in the category of "breach of contract", and as such may have a case. You need to see an attorney, pronto.

[Megsterini]

The same thing happened to me. I don't know what I can do now. The complex management brought in a refridgerator after, I had been without one for a week (mind you I had not moved in but there is the "what if" factor), and it was infested with cockroaches. The roaches are now in my apartment. On top of that, there was a bottle of fingernail polish in the freezer. Obviously the fridge was not even cleaned (as the manager said). The drawers and cabinets hang, the gloppy paint makes it hard to open closet doors and there are even glops of paint spots leading from the bathroom to the bedroom. Had I seen this apartment and not that lovely model on a much nicer side of the complex I would have ran away immediately! I do not know what to do. She gave me a bomb and then told me she would get another box of them if I needed to bomb it agian. I should not have to take care of the problem that didn't exist until they brought in that refrigerator. I feel like that is a major violation on their part. Any advise on that one? I live in Texas.

[pitt_transplant]

Call the health department she is suppose to hire a pro. Roaches are a health hazard.

[slitif]

when i rented a two bedroom apartment i noticed the back bedroom only had a skylight window which is located on the ceiling of the room, that is the only way out of that bedroom is that safe or would that be a harzard. i feel the window is a anderson roll out which is a thin windown that rolls out to a distance and that is it, i feel if my child have to get out of there they may have a problem do the the thinness and also it rolls out only so far. could you please let me know what you think about this, or should i be calling my local firedepartment to come and take a look. thank yOU!

[slitif]

could someone please reply to the message regardingthe two bedroom rental with only a skylight for exiting if there was ever a fire or we needed to get out. thank you!