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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 4836
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My husband and I are supposed to move into a privately owned

Customer Question

My husband and I are supposed to move into a privately owned apartment on Tuesday. My husband was very excited and signed a lease before I could even blink! We are California State residents and are renting in California. I was wondering if we could break this lease to prevent getting cheated out of our hard earned money. For example: The landlord stated and wrote on our money order receipt that the deposit is "non-refundable"...I know that legally he cannot say this. He has also been "rounding up" and over charging us. My husband just got out of the military and I am afraid that this will continue and essentially, the landlord will be "rounding up" us out of our money. I am very scared that when we move in we will be over charged, I am also afraid if we move in and say something regarding his outrageous tactics it will only create a bad living situation.
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
I know what "rounding up" means, but please explain how this landlord is doing it to you. You haven't even moved in yet, so please provide more details as to how he is already cheating you on charges under the lease.
Customer: replied 1 year ago.

For instance we were going to move in yesterday but after speaking with the movers, they wont be able to deliver our things until Tuesday which should have made our pro-rated total 126.66 he decided to round up to 130.00...there's more examples like these. I am just very uncomfortable and am positive we will never see our deposits back no matter what we do.

Expert:  Irwin Law replied 1 year ago.

The short simple answer to your question is that you cannot terminate or break a lease agreement based on the way you feel that the landlord might treat you in the future. The rounding up of a couple of dollars in pro-rated rent would not be considered an adequate basis for such a belief. All you have to do is write your check for the correct per diem amount and give it to him. If you back out and they sue you, you are almost certain to lose if that is the only tangible defense that you can present. Besides, you are apparently former Marines, so nobody's going to push you around.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Just Answer. Your business is appreciated.

Expert:  Irwin Law replied 1 year ago.

If you would explain what part of my Answer displeases you and request additional information about the law, I will be happy to discuss your situation further.

Customer: replied 1 year ago.

Then can you answer this: The duplex has only one mailbox and one electric meter, by California State law do these details make this transaction illegal? If so how would/should we go about breaking the lease?

Expert:  Irwin Law replied 1 year ago.

This is the CA landlord-tenant law code Sec. 1940. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1 As you can see it is extensive. Neither the absence of a separate mailbox or separate electric meter makes your lease "illegal". A lease is not automatically void because some legal requirements have not been met. No one can force you to move into the apartment and you can back out of the lease. But what I am saying is that can have legal consequences, which are unpredictable from this distance. So if you seek an absolute assurance that the lease is no good and you can walk away from it with impunity, neither I nor any of my colleagues can provide that to you.

 

I hope that this information is helpful. Please click on a smiley face so that I will be
compensated for assisting you. If you have a follow up question please send me
back a Reply without entering any rating. Also, be sure to verify this
information with a local attorney who is familiar with your local laws and
procedures. Thanks again for using Just Answer. Your business is
appreciated.

 



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