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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I just signed a lease apartment and provided a deposit.

Customer Question

I just signed a lease for my apartment and provided a deposit. they said I can move in the apartment and provide the first month rent in three days. since I been in the apartment for two days there is not hot water, neighbor has knocked on my door at nine in the evening about unsigned parking, and they gave us a out dated washer and dryer. We are paying $1800 for this apartment and it is not up to standards for what I am paying. When I looked at the models of the apartment it is not the same as the apartment they put me in. is it a way I can break my lease without owing?
Submitted: 2 years ago.
Category: Landlord-Tenant
Customer: replied 2 years ago.
the deposit is $360
Expert:  MDLawyer replied 2 years ago.
Hello and thank you for using the Just Answer website. I look forward to assisting you today.
First, in what city and state is this?
Second, what did the landlord say when you notified them about these issues?
Customer: replied 2 years ago.
the apartments are Rancho hills in El Cajon, CA
I wanted to see what my right were before I went to go talk to management
Expert:  MDLawyer replied 2 years ago.
Thank you for the additional information.
I am sorry to hear about your situation. As a lifetime apartment dweller, I can certainly related. You really do need to find out the reasons first, however, in order to know your options. As to your legal rights, if you signed a lease, you are bound by the lease. If you break the lease, you are responsible for the remainder of the lease up until the place is re-rented. (This is known as the landlord's requirement to mitigate damages). In other words, if it takes 3 months to find a new tenant, you would need to pay the rent for those 3 months.
You also need to check your lease, however, for the sections involving breaking the lease, lease termination, early termination, etc. Some leases may have language that allows you to break a lease early under certain conditions and some leases also have language where you have to pay an early termination fee/penalty.
With respect to the hot water, you need to first find out the reason why there is no hot water. A landlord is required to provide hot water and if they don't, then that could be a reason to void the lease. If the problem is fixable, however, you cannot void the lease for that reason. The law also requires that you allow time for the landlord to repair.
With respect to the parking, I'm not clear on what the issue is. If you want to explain the issue, I can address it. However, I need more information.
With respect to the washer and dryer, unless they promised you a specific mode of washer and dryer in your apartment, they are not required to provide a particular model or year, unfortunately. If the lease states that they will provide a washer and dryer, it only needs to be a working and functioning machine.
Let me know if this has answered your questions. If you have more information to provide to me, I will review that information and try to answer any additional questions you may have. Thank you for allowing me to assist you.
Customer: replied 2 years ago.
I just don't like that people are knocking on my door at late hours of the night for parking, the apartment that they advertise is not the apartment that I got. im paying for a luxury apartment and only getting an apartment in the ghetto. but you are saying that I have no rights, but I know I am being taking advantage of
Expert:  MDLawyer replied 2 years ago.
When you say that you were given a different apartment, can you clarify? On the lease, does it state a specific unit number? If yes, are you saying that is not the unit you got? Or, are you saying that they never showed you the unit and only showed you a model?
If the situation is that the lease states that you are supposed to get X or Y, then that is what you are supposed to get and that is why you need to talk to the landlord or property manager. However, the law requires that you give them the opportunity to fix the issue.
You do have rights. Your lease is what outlines the rights that you have. If it's not in the lease, however, then the landlord cannot be held responsible. For example, I moved into a building once because it had a business center as an amenity. Unfortunately, they got rid of the business center and the copy machine and everything but since it was only an amenity and not in the lease as guaranteed, I could not just break the lease without repercussions.
I suggest giving the landlord a call and letting them know about these issues and then, if you want to come back to this chat and let me know what they, I'd be more than happy to do that for you.
Customer: replied 2 years ago.
thank you
Expert:  MDLawyer replied 2 years ago.
You are most welcome.
Expert:  MDLawyer replied 2 years ago.
Hi there. I haven't heard back from you and so I am just wondering if you had a chance to talk to your landlord yet. If so, are there any other questions that you have for me? If you do not, it would be much appreciated if you were to leave me feedback as that is the only way that we experts receive credit for the time spent assisting you.
Thank you so much!

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