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xiaochoumama · Jul 27, 2010, 07:29 PM

We moved into a personal owned condominium end of June, and we were asked to sign a lease with the landlord on June 4th while holding the condominium,and pay him the whole month and deposit, at that time the landlord still lived there, she told us she will clean up the apartment before we move in.but when we moved in, we just noticed that she didn't clean the apartment at all, only hire somebody to clean the carpet.

Additional Details
We live in California, please let me
Point out some major problems here,
1. we found the faucet broken and leaking underneath, there is mold there since it's not cleaned. We have two kids, one is 2 years old, the other is new born. I'm afraid it will affect their health.
2. the shower faucet is too old,so we can't adjust the temperature, we told the landlord, he doesn't want to fix it.
4. the refrigerator is not working well, my son's milk gets bad after 2-3 days.
5. the dishwasher drain water from the air hole on the sink.
What can we do with all these problems,
Since in the lease, the landlord add terms like:
Unit rent as it, no additional repair or service given by the lessor, lessee will be responsible for the maintenance.
Should we be responsible for these problems.
Thanks a lot for your time.

ballengerb1 · Jul 27, 2010, 07:38 PM

You made a significant error signing a lease with those clauses and without w thorough inspection. I think you meant "as is" and that's what it means, you got the apartment in the condition it is in with no promise of FUTURE repair. You can't be held responsible for repairs to things broken before you moved in but then they may just stay in bad condition. Call your health department and ask if they do "habitible home inspections" The unit must be in habitable condition or you might be able to walk away but have to sue for your deposit.

excon · Jul 28, 2010, 06:08 AM

Originally Posted by xiaochoumama

Unit rent as it, no additional repair or service given by the lessor, lessee will be responsible for the maintainance.
should we be responsible for these problems.
Thanks a lot for your time.

Hello x:

Your lease conflicts with California landlord/tenant law. Consequently, I believe your lease is VOID, and you may leave. Yes, you'll probably have to sue to get your deposit back.

excon

xiaochoumama · Jul 28, 2010, 09:04 PM

Thank ballengerb1 and exon for your reply,
I read through the California landlord/tenant law, I am not really sure which term describe the conflict, do you mind giving me some clue.
Thanks a lot

excon · Jul 28, 2010, 10:37 PM

Hello again, x:

It's ANY provision in the law that your lease negates. You cannot be made to sign away your rights under the law. By her requiring you to maintain her property, is contrary to every provision in the law that speaks about how the tenant is to maintain the property.

You have a right to have your landlord repair her own property. That's WHY you pay rent on it.

I would write her a letter outlining the above, and tell her that you are seeking other lodging immediately. Tell her further, that if you don't receive your security deposit back within 48 hours of your leaving, you'll sue.

excon