What to do if my landlord has dog but did not disclose this when lease was signed and I am afraid of dogs, so I moved out one day after moved in?

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What to do if my landlord has dog but did not disclose this when lease was signed and I am afraid of dogs, so I moved out one day after moved in?

She said she will charge one month’s rent. She has my $500 deposit. I did not give her rent when I moved in. What can I do? She also lied about other things.

Asked on August 2, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You signed a legally binding contract and unless you can assert fraud or misrepresentation or any breach of contract claims, you may be liable for the entire lease.  You are going to need her to sign some thing to void the lease as well.  Please take the document to an  attorney to review and ask you questions.  Proving that she actually intentionally disclose the information and it was "part of the basis of the bargain" is key.   Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You signed a legally binding contract and unless you can assert fraud or misrepresentation or any breach of contract claims, you may be liable for the entire lease.  You are going to need her to sign some thing to void the lease as well.  Please take the document to an  attorney to review and ask you questions.  Proving that she actually intentionally disclose the information and it was "part of the basis of the bargain" is key.   Good luck.


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