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  1. #1
    Join Date
    Nov 2008

    Default Breaking a Lease Due to Misrepresentation of Unit

    My question involves landlord-tenant law in the State of: California

    I signed a one year lease on an apartment that is on the bottom floor of my landlords house. The original advertisment for the apartment stated that the unit had a laundry room and a parking spot. When I moved in at the begining of October, my laundry room had not been built yet, but my landlord kept telling me it was going to be started in a week. I have the original advertisement for the property and emails from my landlord stating that the laundry room is going to be started. It's been over a month and I still have no laundry room.

    I have now found out that I no longer have a parking space. The space that I was told was mine actually belongs to the commercial building across the parking lot from me. My lease that I signed specificially says that I am renting the unit plus a parking spot.

    My question is if I can break my lease on the grounds that the unit was misrepresented to me. Had I known this place had no laundry or parking I never would have moved in. I've had other issues with noise and his lack of communication and slow response time to maintanence. What are my options. I feel like I was lied to when I rented this unit and I want out. I could easily find another unit that has laundry and parking, but I chose this unit thinking that was included.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Breaking a Lease Due to Misrepresentation of Unit

    You aren't going to be able to claim that the content of an ad justifies breaking your lease when you were aware of the actual circumstances at the time you negotiated rent and signed your lease. When you followed up with your landlord about the late start on the laundry room, what were you told?

    I don't know that a court would let you out of your lease over the parking space, but at a minimum if it were litigated you should be able to get a rent abatement in relation to the diminishment in the overall value of your unit. If you're in a city where parking is scarce and expensive, and parking is not otherwise available to you, you may be able to claim an abatement in the amount it costs you to rent a nearby space, or to rent the space you thought was yours from the commercial building (if they're willing). Has your landlord proposed anything in relation to this space?

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