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Hello, my name is ***** ***** I am a licensed California attorney. The question doesn't indicate which state you are in, so I would need to know this. I can give you general advice, though. First, did you get to see the condo before you signed the lease? Second, the smoking detectors have to be in working order, and in California you are required to have carbon monoxide detectors. Third, the washer and dryer being listed in the lease as part of the lease, but not being there, is problematic for the landlord as well (having your own washer and dryer makes the rental worth more). Fourth, does the lease have any clauses regarding cleanliness of the unit upon move-in? That could provide another ground if it does. In California you are only required to return the property in the condition it was in when you moved in, so it sounds like that is what he is saying. If you want to get out of the lease, you probably have enough that you could do so. You could just tell him that the washer and dryer are material terms, and so are the smoke detectors, so you would rather cancel the agreement because he can't provide what you agreed to in the lease.
Well, in this case you have actual fraud by the landlord's inclusion of the washer and dryer in lease even though he knew that they were owned by the previous tenant and would not be provided to you. I would tell him that lease isn't valid because he can't provide you with those items. Also, he can't legally rent the unit to you without working smoke detectors and carbon monoxide detectors. Because he can't legally rent to you, and lied to you about the washer and dryer, he has no right to keep the deposit and you could pursue him in small claims court if necessary.
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