Did not receive lease agreement.

[swilson13]

What is the name of your state (only U.S. law)? ca
My girlfriend signed a lease yesterday and gave them first month and deposit. The agent was in a hurry so she just showed the outside of the apartment and where it was. The agent gave the keys and a blank form ( MOVE-IN/MOVE-OUT ITEMIZED STATEMENT) FORM 16.O. She said that she would come back and go over it within 3 days. [B[/B]

The agent also DID NOT give my girlfriend a copy of the lease and said she would make copies and give them to her when the FORM 16.O was complete.

I went to the apartment last night and found so many problems need to be repaired, carpet pet stains, pet odor, webs everywhere on ceiling, needed paint, needs caulking, roaches, spiders, bugs, broken door jams that were painted over, cracked front door and a crack across the whole ceiling(two story apts)that is quite noticeable if you look up. Anyways, since the pre-walk is supposed to be today is there a possibility she can get out of the lease? Or, if there are to many needs repair or replace codes, can she request another apartment? There is nothing in the apartment yet. The agent seemed like she was new (my gf said) and had lied to her manager when asked "Did you complete the form 16.0. She had told the manager yes, but in reality she just gave my girlfriend a blank form. she is not happy with the apartment and wants a different one in the same complex or her money back. Is this possible?
I know she is stupid for signing the lease, ( I told her that), just wanted to know if she is stuck with this apartment?

thanks

 

[swilson13]

I forgot to mention we did have an earthquake here yesterday. the crack could have been because of that. My gf is scared to move into the place now. What do we do? How can we find out if it is safe to move in? Should we be getting charged for rent while waiting for the apartment management to call an inspector? What if it takes up to a week? Finally, can I ask for the proof from the management company that it was inspected and is safe to live in?

The crack is a very noticeable crack across the whole ceiling.

thanks again

sorry for double post

 

[Mrs. D]

Have your GF call the code enforcement office and ask if there are any outstanding violations on the apartment and request a history of code violations. If she has the keys and signed a lease, she also has the right to have the code office come inspect the premises now. Make sure you note everything that is wrong with the apt. and back it up with pictures (make sure to turn on the date/time stamp on the camera). Bring someone unrelated to you to the walk-through as a witness, and request to have them also sign the move in/move out inspection record. MAKE SURE YOU GET A COPY OF THIS INSPECTION RECORD AND ANY DOCUMENTS THE CODE OFFICE PRODUCES DURING THEIR INSPECTION IMMEDIATELY. No joke...if the manager says anything about sending you a copy of the move in form, INSIST that you go either to the office or to the nearest Kinkos that INSTANT and make a copy of the signed form. Also, get a written, signed agreement stating what the management company/landlord will do to remedy the problems and when they will do it. Check to see how long the LL/MC has to repair code violations under state law.

 

[swilson13]

Thank you so much. I will do that today.

My girlfriend just called me from the apartment and said she does not want to move in because the crack in the ceiling makes her scared. She feels very unsafe and did not notice it yesterday. It could of happened since there was an earthquake.

What options does she have now, if any? Im going down there in 20 min so any quick responses will be very, very helpful.

once again,

thank you very much

 

[Mrs. D]

Unless the crack triggers a code violation and the LL/MC doesn't fix it within the time allowed, she's probably stuck. I mean, the code office could also condemn the building, and then she would be out of her lease. If it's a major code violation that makes the apartment unfit to inhabit, the LL will probably have to put her up somewhere else while he makes repairs, unless he chooses not to make the repairs, and then he could let her out of her lease. Your GF is not going to be able to walk in there and say the crack makes her feel unsafe and get out of her lease. She will have to prove that it is a problem that makes the apartment unfit to inhabit, and afford the LL the time allowed by law to fix it before she could possibly sue to get out of her lease. Find the number for the code office and call them NOW. I bet they're busy, with the earthquake and all, but if you tell them you are calling in regards to a rental that was damaged by the earthquake and you need an inspection to make sure it is safe to live there, they should get someone out pretty quickly.