Can a lease be broken due to false advertisement?

[ericreynolds]

We live in the San Francisco Bay Area, California.

My girlfriend and I signed a lease to rent a home four us and my kids. Just after signing the lease and paying a prorated rent and deposit, the neighbors show up to inform us that we need to respect their privacy because we share a common wall on both sides of the home. The management company admitted that they did not know that the home is a townhouse and not a single family home. The advertisement specifically stated that the home is a single family home, and the management confirmed they were unaware of the fact. The next day, we made it clear to the manager that we did not want to move in because of the shared walls. Two days later, the management agent called us because she felt awful about the situation and that they would return our cashiers cheques in full and we could "walk away." We were scheduled to meet today (a week later). Yet she phoned me with the news that, per our lease agreement, we had to surrender the prorated amount to the owner because we are breaking our lease. Is there case law that protects us in this situation? Are we entitled to 100% of our payment due to the false advertisement? We are not moving into the home nor have we stepped foot in it after signing. The management continues to advertise it online as a single family home. Any advice appreciated.What is the name of your state (only U.S. law)? CaliforniaWhat is the name of your state (only U.S. law)?

 

[ecmst12]

If they let you out of your lease with only the deposit, consider yourself very luck. A townhouse IS a single family home - each house is one unit. No shared hallways or doors. Not a duplex or multi-unit building. If you chose to sign the lease before you visited the property, that's on YOU.

 

[ericreynolds]

Breaking lease...

Thank you for responding to my post. To clarify, we signed the lease at the property after looking over it. Unfortunately, the home sits cliff side on stilts and shares adjacent walls at the front half. Even from the decks, we can't see the side of the homes. We took the agent's and the advertisement's word for it. If the neighbor hadn't come over to warn us, we wouldn't have known until after we moved in.

As far as the definition of a single family home, the definition states "single detached dwelling." After we signed and the neighbor informed us, the agent clarified that she was unaware that the houses were attached, and she apologized profusely, stating that she felt awful about the situation.

All in all, we were told two days after the signing that they would negate the lease and return our cashiers checks to us without a hitch.

Now, the story has changed, and we are getting the runaround.

 

[TigerD]

You visited the property. It is kind of hard to miss another house hanging off of the one you looked at.

You're stuck. Take the other or live with your apartment through the lease.

DC

 

[ericreynolds]

Thanks DC. We feel we were misinformed, even when we asked about it. The property manager that signed the lease with us told us that she would refund 100% of the payment and nullify the lease. A few days thereafter, just prior to picking up the payments and negating the lease, things changed on their part. I guess we'll have to file a complaint.

 

[ecmst12]

Exactly who do you think you can file a complaint with? If they don't give you your money back, you can sue...but expect them to counter-sue for rent for the full term of the lease, which they could easily hold you to. And even if they don't, I highly doubt you'd win even in California.

I live in a single family home. It has its own address, private doors and driveway. It also has another house attached at either side. That doesn't make a row of houses into an apartment complex. So I really don't think your interpretation is anything that would be accepted in court. If it's not being advertised as fully detached, they're not misleading anyone. And come on, how can you not notice another house stuck to the side of your house??? This is all on you.

 

[Cvillecpm]

Your bad - you saw the property - you signed the lease - you are stuck

 

[ericreynolds]

When a property manager informs us that they were unaware of the common walls, then verbally informs us that they would negate the lease and return our cashiers checks to us because they felt they were "at fault," then reverses their actions, how would you expect us to feel? Within five minutes of signing the lease, the neighbors informed us that they could hear us. It was an awkward and upsetting moment for all of us.

 

[Cvillecpm]

They realized they did NOT do anything wrong...they changed their opinion of the situation and realized you were WRONG in signing the lease since you VIEWED the PROPERTY and they had no recourse but to hold you to your lease.

You will have MANY more upsetting and awkward moments/events in your life....learn to live with your mistakes and LEARN from them.

 

[Zigner]

As far as the definition of a single family home, the definition states "single detached dwelling."

Actually, it depends on how one defines it. I'm finding definitions that state "usually detached"

You already admit that you inspected and accepted the property (by signing the lease). One poster has said that you could be held liable for the entire term of the lease. That is not exactly true - the LL has the obligation to mitigate by finding a new tenant. Now, if the LL CAN'T find a new tenant, then yes, you can be found liable by the court.

 

[xylene]

It seems like your battle is with your NEW NEIGHBOR...