Lease, Paint & Cleaning

[imbarbara66]

What is the name of your state (only U.S. law)? California

Sorry this is long, but I want to include details. I looked at a condo to rent. The interior paint was white.Landlord said it needed new paint and a good cleaning possibly new carpet because downstairs carpet was tore up from pets and upstairs had been urinated on. Without the landlord knowing the exact color, their painter said he had an "earth tone" which he used to paint every room. When finished the entire interior was painted dark brown. Ugly. Landord agreeded & was going to have painter repaint it. I asked if they could at the very least clean the carpet upstairs since it smelled like urine and dog. Instead of cleaning the carpet upstairs landord decided to replace it upstairs and downstairs and asked if I could donate $500 to cover the cost which I verbally agreed to until I saw paint color on walls & asked if I could repaint instead of donating $500 for carpet. They said ok. Place was still dirty & landlady said she'd clean it before we moved in. Instead of cleaning the stove she decided to purchase a new one but the place was still dirty when on July 10 I signed a lease agreement gave 1st mos rent & dep to begin 8/01/09. My Husband never signed. Only me and they sent the lease agreement home with me for him to sign which I still have. Anyway, they gave me the keys early so I could begin painting and I expected landlady to come back and clean but she didn’t. Between primering the walls to cover the dark brown so it wouldn't show through the new lighter color, I WAS CLEANING and cleaning everything since it was fifthy. Feeling overwhelmed, on 7/28/09 I gave keys back and said it was just to much work for me to do. i offered to finish painting so they could quickly get it rented and so they wouldn't have to pay their painter. They said no they'd just have their guy paint it. I had purchased new bathroom light fixtures which my husband was going to install but they said they’d do that also. The lease had not yet offically began since it was agreed to start August 1st and I gave keys back July 28. What are my rights. July 10 I paid first months rent plus a deposit which was to begin August 1 but since I backed out before the lease offically began should i get my money back for the reasons i stated?

 

[FarmerJ]

When you signed the lease, there is no cancelation window I suggest you reconsider your actions, SEE you should have done nothing to the unit and had the LL put into the lease carpet replacement, and then rejected the unit if it wasnt ready on time, BUT doing it the way you did , you have obligated your self to move in, and just because husband didnt sign it , you alone are still bound to the lease. If you refuse to move in the LL should make a reasonable effort to re rent the unit , the LL does have your first months rent now so dont expect it to be re rented real fast.

 

[Zigner]

What is the name of your state (only U.S. law)? California

Sorry this is long, but I want to include details. I looked at a condo to rent. The interior paint was white.Landlord said it needed new paint and a good cleaning possibly new carpet because downstairs carpet was tore up from pets and upstairs had been urinated on. Without the landlord knowing the exact color, their painter said he had an "earth tone" which he used to paint every room. When finished the entire interior was painted dark brown. Ugly. Landord agreeded & was going to have painter repaint it. I asked if they could at the very least clean the carpet upstairs since it smelled like urine and dog. Instead of cleaning the carpet upstairs landord decided to replace it upstairs and downstairs and asked if I could donate $500 to cover the cost which I verbally agreed to until I saw paint color on walls & asked if I could repaint instead of donating $500 for carpet. They said ok. Place was still dirty & landlady said she'd clean it before we moved in. Instead of cleaning the stove she decided to purchase a new one but the place was still dirty when on July 10 I signed a lease agreement gave 1st mos rent & dep to begin 8/01/09. My Husband never signed. Only me and they sent the lease agreement home with me for him to sign which I still have. Anyway, they gave me the keys early so I could begin painting and I expected landlady to come back and clean but she didn’t. Between primering the walls to cover the dark brown so it wouldn't show through the new lighter color, I WAS CLEANING and cleaning everything since it was fifthy. Feeling overwhelmed, on 7/28/09 I gave keys back and said it was just to much work for me to do. i offered to finish painting so they could quickly get it rented and so they wouldn't have to pay their painter. They said no they'd just have their guy paint it. I had purchased new bathroom light fixtures which my husband was going to install but they said they’d do that also. The lease had not yet offically began since it was agreed to start August 1st and I gave keys back July 28. What are my rights. July 10 I paid first months rent plus a deposit which was to begin August 1 but since I backed out before the lease offically began should i get my money back for the reasons i stated?

So, the LL hired you to do a job and you failed to do it. Then you backed out of your signed agreement. I predict that you are going to end up not getting any money back...

 

[Cvillecpm]

When you MAKE AN AGREEMENT, you need to ABIDE BY THE AGREEMENT... you should NOT have signed the lease unless who was to do what was outlined.

 

[TigerD]

BUT doing it the way you did , you have obligated your self to move in, and just because husband didnt sign it , you alone are still bound to the lease.

As I understand it, California is a community property state. Hubby is on the hook for the money too.

DC

 

[imbarbara66]

Hi all,

Well yesterday was court. Since the landlord re-rented the place August 2nd, and I had paid for that month in advance the judge awarded me the full month minus $30.76 for one day (the 1st.) He also awarded me the full $1000 I had given the landlord for the deposit. When the landlord told the judge she wanted to keep the thousand because we had an agreement which I broke. She said part of the agreement was that she would purchase new carpet and in trade I would buy paint then paint and clean the place, the judge asked her where in the lease that part was outlined? He requested written details but because there's no mention of it anywhere in the lease agreement, he ordered her to return the $1,000. She told the judge she felt she was entitled to it anyway simply because I broke the lease agreement and to her surprise he stated she wasn't entitled to anything except for the one day it took to re-rent the place. He said she had no damages to claim. He also said that even if she had not re-rented the place for months, it wouldn't mean she was entitled to keep me on the hook for the term of the lease because she would have to prove she made a reasonable effort to get the place rented but was not successful.
I thought this was worthy of posting so all of you know that just because your in a lease agreement doesn't automatically mean your going to have to pay rent for the full year if you break the lease.