Ackward Lease Agreement?

[usmcpark]

What is the name of your state? California, Los Angeles.

Hello dear people.

I have a problem with a lease contract. I have made a lease contract to move in next month. (not much time left) I have signed the regular form to the contract (similar, if not the same, to the Rent Contract for the Apartments), and everything and I have paid in advance.
The issue is, the owner does not want to repaint, replace the carpet, curtains. He told me this after I have signed the contract. Basically he wants me to repaint out of my own expense and everything that needs to be redone or cleaned. Other owners, as I have seen, just do these thing without me even asking and I thought it was at the owners expense since everyone else offered the same deal.
I am not moving into an apartment, it is a house lease agreement.

Since I have not moved into the house yet, may I cancel the agreement without any charges against me? Termination Fee or etc.
Do I have any legal ground on this? I would really like to terminate this contract because he does not want to clean the house before I move in. It is really expensive so I would like my money back as well, but can I request it from him ?

Please someone help me.

Sam.

 

[FarmerJ]

If your not going to accept the unit as it is then plan on getting in the unit and taking pics before you move in then let the LL know in writting that you have taken pics of every thing that is wrong and every thing that needs cleaning and when you vacate if one dime of money is held back even though you will leave the unit in better condition you will no hesitate to challenge it in court and sue for full return and any penalty for deposit amounts held back that are unfair. Also plan on making repair list before you move in and send that too to the LL via certified mail or at the very least a certificate of mailing. IF the LL doesnt take care of it then contact your city inspections dept and see if a inspection is warranted. It is a shame that the LL refuses to clean the unit BUT you did sign a lease didnt you ? so if you are able to prove a breach of lease after you take possession of the unit do so. keep all communications with the LL in writting Inc sending rent payments with at the least a certificate of mailing ( no one has to sign ,but this way you have rect from post office showing you sent mail to named party on rct) its about creating a paper trail. Since your Future LL is gonna handle it this way right off the bat so should you by creating a provable record of everything.

 

[OHlandlord]

I agree with FarmerJ. The unit should at least be clean before you move in. If he won't do that, make sure you protect yourself by following his recommendations.

In regards to the paint, carpet, and curtains, there is no requirement that he change those between tenants. It would be nice if he updated the place between tenants, but he is not obligated to do so. As you said, most LLs do, so that the places stay looking nice and are easier to rent. Make sure the lease allows you to repaint as many leases prohibit any changes to the unit without the LLs permission. If it doesn't and he doesn't permit this in writing, don't repaint. (He can charge you to repaint it when you leave - unauthorized painting.)

You ask the following: "Since I have not moved into the house yet, may I cancel the agreement without any charges against me? Termination Fee or etc. Do I have any legal ground on this?" Not really. Once the lease is signed, you are obligated. If you talk to him, he may allow you out with a small fee, or he may not. (Can't hurt to ask. If he knows you are that upset about not cleaning & painting, maybe he will give you a credit for it.)
"I would really like to terminate this contract because he does not want to clean the house before I move in. It is really expensive so I would like my money back as well, but can I request it from him ?" You can always request it, but that doesn't mean he will grant it. Good luck.

 

[Alaska landlord]

If you had concerns, the time to ask for special request was before signing the lease. FJ and OH gave good advice but be aware that you and your LL are starting off on the wrong foot. I would be prepared to move at the end of my lease.

 

[usmcpark]

Thank you FarmerJ, OHLandlord, and Alaska for your help.
I guess I will just take pictures.
Is a digital Camera ok? May I have the pictures saved on the Digital Camera Disk? Or do I need to have them printed?


And Alaska, I usually do ask, but I have done so much shopping around for houses and rents etc. that I automatically consider it done, and also around my area in LA it is almost consider insane to not clean all those things. Many of the LL even offer new appliances, the houses were however not to my liking so I had to turn them down. I thought since the rent was almost the monthly rate of Buying the house itself, I thought he calculated all those cost in. Now I found out, the people are money hungry thieves.

Once again, FarmerJ, OHlandlord and Alaska thank you.

I am happy I got a positive answer from the LL side.

 

[Alaska landlord]

According to your post cleaning was not the big issue but rather painting, replacing the carpet and curtains. This is something I would ask at the time of the walk through not after. I have had tenants also insist on all this and I usually offer a compromise, turn in your notice or go half with me on these things. with them paying for the labor. When they find just how much it will cost they respectfully decline. Apartments do not have to be painted between tenants unless it clearly needs it. Curtains should be clean but do not have to be replaced. Carpets, that is for the LL to decide.

 

[OHlandlord]

You ask, "Is a digital Camera ok? May I have the pictures saved on the Digital Camera Disk? Or do I need to have them printed?"

A digital picture is OK but I would take at least one picture of the local newspaper with the headline and date showing, so they know you did not alter the date on the digital camera. If you have them saved on the card (as long as you don't delete them or damage the card) you could hold off on printing them until you actually needed them. The printing date does not matter, but the date on the pictures (verified by the newspaper) is what is important. Good luck.