Legal Question in Real Estate Law in California

Hi , We are staying in apartment from last 3 years. They did not allow us to visit same apartment, showed us different apartment. After shifting to apartment we found out that apartment structure has issue. Floor is uneven we can see a big bump on the floor. We requested to rectify the problem but management did not solve the problem. This bump size is increasing with time (Unit is leaning to one side). This year management company has changed to Greystar. We again asked them to resolve the problem but according to them we need to create request again as they don't have access to previous request. Till today they have not resolved the issue. In Febuary we need to renew the lease we asked them to change the apartment but they asked us to pay new (increased) rent. But we decided to stay in same apartment as our daughter is going to neighborhood school and we did not want to change in the middle of school session. During lease renew they did not provide us the leasing document till last date of submission. After providing us the document they did not provide us the time go through it. They didnt even notify us that the lease term had changed. We had to sign the contract within hours of it getting ready as otherwise they would increase the rates.

As management did not rectify floor and unit leaning problem we decided to look for appartment outside. Recently we decided to buy home so need to move out before lease expire. It was only when we talked about moving out that they informed us that the contract had changed and that now we need to pay 2 months rent in addition to the notice period we serve. The earlier contract had just one month additional rent. We feel cheated as they made us sign the contract in a hurry and we signed thinking that it is same since its the same apartment we have been living since last 3 years.

For lease breaking they are asking one month notice and 2 month of panelty (Surprise as lease term changed). We did not know about the 2 month panelty as did not get time to read the lease.


Asked on 3/25/14, 6:19 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

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Answered on 3/26/14, 6:45 am


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