Help please

[qingwu88]

My husband and I just moved to Burbank, CA. We found an apartment from rent.com, they said their apartment is located in nice, quite area with a nice photo. We made a wrong decision; we signed the lease without visiting the apartment (we were in Boston, and my husband was busy with graduation). When we saw the apartment, we were very disappointed. The carpet is very old, dirty, and smells bad. Even worse, it is in a very noise neighborhood. The noises during night have been really annoying and have caused us sleeping problems. It is two blocks away from an airport, and there is a train station nearby. The airplanes and trains passing by are generating loud noise. The next-door resident, who gets up every morning before 6:30 AM and takes showers, wakes us up every morning at that time. Moreover, our neighbor has six dogs in his yard, which is exactly below our window. These dogs bark day and night and disturb us very much. Last week, they started barking at 3:00 AM and kept doing that for more than an hour. All of these have already resulted in serious effect on my husband's daily work. He is sleeping 5 hours per day and is neurasthenic. After trying to adapt to the situation for the last seven weeks, we decide to consider moving to another place.

The landlord told us I have to pay rent for the full term or until another tenant is found. The problem is our lease is one year and they have another 5 vacancies to fill.

We found the apartment made our decision of renting it based on the fact that it is in a quiet neighborhood, as described in the online advertisement. But the condition of the apartment does not match the description very well. We do understand that it is our responsibility to stay for a whole year before moving out, but we cannot stand it any more. Please give me advice. We really need your help. Can we solve it by a legal way?

 

[south]

Make a copy of the advertisement that states quite neighborhood and any other discrepancies you can find.

Then video record the unit at night with the dogs barking the planes, noisy neighborhood, video dirty unit if you can etc.

Write to the landlord the issues you have and state you are more than willing to take you’re your evidence to court to make a legal claim if you are not immediately released from the contract.

If you have to give notice because you want out make sure you have plenty of evidence for small claims court claim false advertising, and state the landlord took advantage of you being out of state and strongly lead you to believe the unit was beautiful and very quite with quite good neighbors which you emphasized was an important factor.
The landlord told you it was the only unit left which was a lie and told you unless you sign now and send check he will give it to the next couple.

Lay it on thick

My husband and I just moved to Burbank, CA. We found an apartment from rent.com, they said their apartment is located in nice, quite area with a nice photo. We made a wrong decision; we signed the lease without visiting the apartment (we were in Boston, and my husband was busy with graduation). When we saw the apartment, we were very disappointed. The carpet is very old, dirty, and smells bad. Even worse, it is in a very noise neighborhood. The noises during night have been really annoying and have caused us sleeping problems. It is two blocks away from an airport, and there is a train station nearby. The airplanes and trains passing by are generating loud noise. The next-door resident, who gets up every morning before 6:30 AM and takes showers, wakes us up every morning at that time. Moreover, our neighbor has six dogs in his yard, which is exactly below our window. These dogs bark day and night and disturb us very much. Last week, they started barking at 3:00 AM and kept doing that for more than an hour. All of these have already resulted in serious effect on my husband's daily work. He is sleeping 5 hours per day and is neurasthenic. After trying to adapt to the situation for the last seven weeks, we decide to consider moving to another place.

The landlord told us I have to pay rent for the full term or until another tenant is found. The problem is our lease is one year and they have another 5 vacancies to fill.

We found the apartment made our decision of renting it based on the fact that it is in a quiet neighborhood, as described in the online advertisement. But the condition of the apartment does not match the description very well. We do understand that it is our responsibility to stay for a whole year before moving out, but we cannot stand it any more. Please give me advice. We really need your help. Can we solve it by a legal way?

 

[PhiKappaPhi]

Rent

While I concur with the previous post, I must also advise that "Let the buyer beware" is the general rule. You "bought" something sight unseen, and that is no one's fault.

However, the alleged false advertisement may have come from the website and not the apartment complex. Who knows? While you may be able to file a claim due to the false advertisement, you have a contract. Seek an attorney.

 

[Who's Liable?]

Make a copy of the advertisement that states quite neighborhood and any other discrepancies you can find.

Then video record the unit at night with the dogs barking the planes, noisy neighborhood, video dirty unit if you can etc.

Write to the landlord the issues you have and state you are more than willing to take you’re your evidence to court to make a legal claim if you are not immediately released from the contract.

If you have to give notice because you want out make sure you have plenty of evidence for small claims court claim false advertising, and state the landlord took advantage of you being out of state and strongly lead you to believe the unit was beautiful and very quite with quite good neighbors which you emphasized was an important factor.
The landlord told you it was the only unit left which was a lie and told you unless you sign now and send check he will give it to the next couple.

Lay it on thick

Oh bother... While it may work with a stupid LL, the greed in his eyes will overtake everything and he will simply hold up the lease the tenants signed and point at their signatures...

While I feel for the tenants, it's a classic case of 'caveat emptor'

About the only thing you really can do is call the animal control department about the constant barking dogs, and keep a paper trail of all your dealings with the LL...

 

[south]

Yep absolutely ''caveat emptor'

My suggestion was their only angle on a possibility.

Oh bother... While it may work with a stupid LL, the greed in his eyes will overtake everything and he will simply hold up the lease the tenants signed and point at their signatures...

While I feel for the tenants, it's a classic case of 'caveat emptor'

About the only thing you really can do is call the animal control department about the constant barking dogs, and keep a paper trail of all your dealings with the LL...