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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I used to live in LA, now move to Davis. I wasn't able

Customer Question

Hi, I used to live in LA, now move to Davis. I wasn't able to come to Davis and check out the apartment I rent now. They did not tell me my room will be RIGHT NEXT TO the railway line. Comparing to the apartment near our apartment, they write it in there website, "Train station:1 mile". Is it some kind of cheating trying to hide the information that my room will be right next to the railway line? I really need law help.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. Did you formally take delivery of the unit? That is, dd you move in, or are you refusing to take the unit when you found out that it is right next to the railway?
Customer: replied 1 year ago.
I am new here in davis. I cannot move right away. I want to move out now. I cannot sleep because the noise of the train.
Customer: replied 1 year ago.
I move in and because they force me to pay the first month rent before I came to Davis. They are trying to avoid me from knowing the railway train will be right next to me.
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, How long have you been inside the premises?
Customer: replied 1 year ago.
27th of July will be my first month
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. Here is the problem as I see it. If the property was 'non-conforming' then you had a right to refuse to take it at the time of move-in. The fact that you couldn't see it does not change the onus, as the obligation is still on you to ensure that what you are renting is what you were contracted for. The best argument here may be claiming that this was a 'material omission' or a 'material misrepresentation' as to the unit itself, especially since they lied about how close the unit is to the station. In that situation you can contact the landlord, claim misrepresentation, and demand to be let out, or you will take him to court and have the judge rescind the lease, on basis of 'constructive eviction' and for this fraud and misrepresentation claims. If the landlord refuses, then this would really be your only option, I am afraid. Sincerely, ***** *****
Customer: replied 1 year ago.
I was forced to pay the first month rent before I go to Davis. So, I am currently in a one year lease right now. Can claiming misrepresentation a good idea for breaking the leasing contract?
Expert:  Dimitry K., Esq. replied 1 year ago.
It's not the best idea, but it is the only idea you have currently. Ultimately once you take the property, you agree to the terms. But if the landlord knowingly failed to disclose substantial issues that now affect your 'quiet enjoyment' of the premises (and this does, as you cannot sleep), you can argue that the lease must be voided. Because you've been there for a while, the best argument is to go to court and claim you had no choice but to remain, as otherwise remaining on premises is seen as acceptance. Sincerely, ***** *****
Customer: replied 1 year ago.
They know I am going to go with the furniture moving company. I have no choice but to take it.
Expert:  Dimitry K., Esq. replied 1 year ago.
No, you still could have refused to take it. But if you had a financial stake, that is what you can argue to the courts. Still, and my point is you need to file right away, because if you are still on premises it makes it harder and harder as time goes on to claim and argue that you are now trapped and unable to move out.Sincerely, ***** *****
Customer: replied 1 year ago.
The supervisor called me they said it is not a community train that come every 30 or 40 minutes, so they DO NOT NEED to inform us that there is a train next to my room. She said the train only comes at 8:30 every morning, but it is not true. Train comes at 6 in the morning 8am or sometimes 11 pm. And I said I want to move out and break the contract in the end of September. She said I have to pay the buy out fee and I have to move out before Sep 20th because she said new tenant is moving in. I paid the full month rent and but out fee. I should have the right to stay till the end of September, isn't it?
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up and your patience. My apologies on the delay, I was offline and could not immediately reply. Do you still require assistance at this time?
Customer: replied 1 year ago.
Yes. Can I cancel the membership, the one that is $50 for a month. I have no idea how the apartment let go so easily after I send message here.
Expert:  Dimitry K., Esq. replied 1 year ago.
Membership to where, here?

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