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hoof501 · Dec 1, 2007, 04:54 PM

I live in Los Angeles and my boyfriend and I recently signed a lease and gave a security deposit for a one bedroom apartment. The apartment had recently been renovated, and when we originally went to look at it, the appliances were not installed yet (stove, fridge, washer/dryer). But we were told that everything was ready to go, it just needed the appliances.

Four days before we were supposed to move in, we went back to the apartment to get the keys, and we found out that were more renovations being done. Basically, the owners had realized once they brought the appliances in, that there was not enough space in the utility room for the washer/dyer. Since the utility room backs up next to a large closet, they decided to knock down the back wall of the utility room and move it back to make more space. So now the utility room is big enough for all the appliances but the problem for us was that the large closet is *much* smaller than it used to be. It may not sound like a big issue, but this apartment has almost zero closet space, and this closet was supposed to be where we were going to store a bunch of film equipment. Now it was basically the size of a coat closet.

This was a dealbreaker for us, and so we told the broker that same day that we no longer wanted the apartment. She said she would re-rent it, but since we had already signed a lease and given a deposit, she said they would charge us (1) for any days past our move in date that they couldn't find a renter and (2) a fee for her broker's services.

I would understand getting charged if we had simply decided to break the lease for no reason, but since they actually changed the layout of the apartment after we signed the lease, can't we get out of being charged?

Thanks.

ScottGem · Dec 1, 2007, 05:23 PM

While this may be a dealbreaker for you the landlord may not see it that way. The question is whether a court would see it that way. I think it is iffy. I would consult with some local real estate attorneys who can gauge what a court would do. Because if you don't oay they will probably sue you and it will end in court. Another issue here will be proof. Do you have any measurements as to how much space was lost? Its possible they may lie about it.

froggy7 · Dec 1, 2007, 09:24 PM

Originally Posted by ScottGem

While this may be a dealbreaker for you the landlord may not see it that way. The question is whether a court would see it that way. I think it is iffy. I would consult with some local real estate attorneys who can gauge what a court would do. Because if you don't oay they will probably sue you and it will end in court. Another issue here will be proof. Do you have any measurements as to how much space was lost? Its possible they may lie about it.

And the landlord can point out that they were fixing what seemed to be a major problem. If I read the OP correctly, they said that the unit would have a washer and dryer in it, or at least have enough space for one. If they did not actually provide that space, the tenant would be able to claim breach on that point.

excon · Dec 2, 2007, 07:40 AM

Hello hoof:

I think you've got a 50/50 chance of prevailing in court. I'd move, (or not move in). Send the landlord a certified letter, return receipt requested. HAND deliver a copy too. Tell them that they breached the lease and as a result, you won't be moving in. Tell them that you expect your deposit and your first months rent to be repaid to you in 5 business days, and if it isn't, you'll commence a lawsuit.

Then see what happens.

excon

Fr_Chuck · Dec 2, 2007, 08:48 AM

For me, yes I believe this is grounds to break the lease, but if the landlord does not agree, you will end up in court. California is pretty good about being on the tenant side normally but you never know till you end up in court.

So your chance is, ifyou don't get the landlord to agree, is to break the lease, and you may end up owing them for the entire lease since you never know what the judge will say