Issues with new apartment...

so I signed a lease starting may 1st for 6 months here in CA.
The place has issues prior to me moving in and i was curious what rights i have as a tenant.

First- the place is dirty-not cleaned though they cleaned the carpets. its not move in ready.
second the next door neighbor leaves his door open and smokes which it all comes into my apartment- and his noise from his TV as well.

they tried fixing the blinds but when the building 'manager' came he didn't have a drill to fix the blinds properly so they still dont work.

any suggestions or am i SOL since i put down the deposit/rent/lease already ?

thanks!

When you signed the lease did you sign any kind of rental agreement about the condition the apartment is suppose to be in? I would not want to live there.

yea- it stated it as the 7th item that i accepted the condition of the apt...

Well you already signed.Life lesson.

Always do a walk through and point out the things that need to be attended to before you sign.

Quote from SlickChik : Well you already signed.Life lesson. Always do a walk through and point out the things that need to be attended to before you sign.

Quote from WeAreTheFewSM : yea- it stated it as the 7th item that i accepted the condition of the apt...

Yeah, that's pretty much an SOL case. If you thought the apartment was dirty, why would you sign something saying you accepted its condition?

I guess, the best this to do is to speak with you landlord regarding this.

Quote from WeAreTheFewSM : so I signed a lease starting may 1st for 6 months here in CA. The place has issues prior to me moving in and i was curious what rights i have as a tenant. First- the place is dirty-not cleaned though they cleaned the carpets. its not move in ready. second the next door neighbor leaves his door open and smokes which it all comes into my apartment- and his noise from his TV as well. they tried fixing the blinds but when the building 'manager' came he didn't have a drill to fix the blinds properly so they still dont work. any suggestions or am i SOL since i put down the deposit/rent/lease already ? thanks!

You're not entitled to have a clean apartment when you move in. Painting, cleaning the kitchen and bathroom, and cleaning/replacing carpet, etc... is optional for the landlord. Legally, they are only required to keep it sanitary and free of pests and garbage.

Apartments can be smoking or non-smoking depending on your state laws. What did the landlord say when showing it to you? Surely you smelled the smoke. Did you even ask if they've ever had problems with roaches? Did you know they are legally required to tell you the truth? Oh well.

The good news is your lease is short and you can clean your apartment yourself.

Quote from LC2 : You're not entitled to have a clean apartment when you move in. Painting, cleaning the kitchen and bathroom, and cleaning/replacing carpet, etc... is optional for the landlord. Legally, they are only required to keep it sanitary and free of pests and garbage. Apartments can be smoking or non-smoking depending on your state laws. What did the landlord say when showing it to you? Surely you smelled the smoke. Did you even ask if they've ever had problems with roaches? Did you know they are legally required to tell you the truth? Oh well. The good news is your lease is short and you can clean your apartment yourself.

OP signed that a dirty place was ok, how is he entitled to more?

i didn't notice the blind issue---i was under the impression that they'd do some cleaning before i moved in... i didnt smell the smoke the two times i checked out the place in the morning. i asked about the noise and the landlord didn't mention it of course....i think i was just too excited about the price and location and jumped into it....i always seem to run into the same issues when apartment searching/renting

Quote from WeAreTheFewSM : i didn't notice the blind issue---i was under the impression that they'd do some cleaning before i moved in... i didnt smell the smoke the two times i checked out the place in the morning. i asked about the noise and the landlord didn't mention it of course....i think i was just too excited about the price and location and jumped into it....i always seem to run into the same issues when apartment searching/renting

Maybe that's a sign that you need to change strategies?

Quote from WeAreTheFewSM : i didn't notice the blind issue---i was under the impression that they'd do some cleaning before i moved in... i didnt smell the smoke the two times i checked out the place in the morning. i asked about the noise and the landlord didn't mention it of course....i think i was just too excited about the price and location and jumped into it....i always seem to run into the same issues when apartment searching/renting

1. If someone shows a dirty apartment for lease, that's a bad sign.

2. Turn the shower on, flush the toilet, open and close things. Usually you don't have to worry about that if they are showing a clean unit.

3. Landlords don't usually know or care about noise. Look for clause in your lease. If there isn't one, you're screwed.

4. Always hit the joint at a peak traffic hour like in the evening when most of the tenants are home. You can see, smell, and hear a lot. But if you don't smoke, always ask about it.

Last but not least. Always ask for a few minutes to read over the rental agreement before you do anything. Good landlords will have occupancy restrictions [so you don't get a family of 8 in a 1 bedroom], do criminal background and credit checks, list the requirements of the landlord, have quiet hours listed, ban weapons and drugs, penalties for late rent, etc... You want moderate to strict polices in a rental agreement.

My apartment was not ready for me to move in. Heck, the day I came to sign my lease, they acted like they were surpised to see me there. For the "walkthrough" they just handed me the form for it, and had me fill it out, sign it, and drop it off. They didn't walk through it with me. They didn't even look over it.

And after living there a week or two, both managers up and left. So I guess that explains things.

Be glad yours is only 6 months. I'm here long term with hair painted on the walls (they must have let a dog in the apartment while painting).

For me, it was worth it to do all the cleaning myself, and to deal with the imperfections. We've got centipedes instead of cockroaches But at least I have a nice view, good parking, great location, and quiet neighbors.

Quote from WeAreTheFewSM : The place has issues prior to me moving in and i was curious what rights i have as a tenant.

Just because you signed a lease does not mean you're trapped there. This ain't Texas--you do have rights.

You have the right to break a lease without penalty if the landlord has failed to fulfill his part of the bargain (usually, it has to be major issues that violate the basic habitability standards set out in California's Health and Safety Code--a non-functional heater, major insect infestations, leaking roof, structural deficiencies, etc...; and you have to have given the landlord reasonable notice and a reasonable length of time to remedy the problem. This is called "constructive eviction.")

You have the right to break the lease for any reason. You are required to pay rent even though you moved out, but the landlord has a legal obligation to mitigate his own losses. IE, he can't just leave the apartment empty for 6 months and charge you for the rent. He has a legal obligation to try to find a new tenant, and your liability ends when he finds a replacement. Let's say you made a good faith effort to find a replacement tenant, sent him 5-6 names of people you found on Craigslist or w/e, and he rejects them all because he simply wants to be a douche. In a lawsuit, the court would find that he's not entitled to any rent after you gave him the names of a few reasonable tenants.

You have rights, but you have to decide how far you want to push it. Consider consulting your local tenant aid society.

http://www.dca.ca.gov/publication...tenant.pdf