Can a lease be terminated without penalty if the landlord misrepresented certain secuity measures?

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Can a lease be terminated without penalty if the landlord misrepresented certain secuity measures?

Out lease isn’t over for another 6 months. Prior to moving in, management told us that they have surveillance cameras throughout the whole apartment complex. That was one of the top reason why put in a deposit and signed a lease. Before Thanksgiving my boyfriend’s car was stolen. We had to pay 300 to impound and get his car back and buy a new battery and headlights because they stole the battery and headlights. We called landlord and asked to see footage from the cameras. They told us they’ll get back to us but never did. We called back 2 days later and they said they dont have cameras. They just put up signs around the complex to scare people. Do we have the right to break the lease, move out and not have to pay the rest of the rent?

Asked on December 11, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have grounds tp terminate yor lease early. If someone knowingly lies to you about a material, or important fact, which you relied upon and which they reasoanbly knew or should have known you'd rely upon in entering into the transaction, that may be fraud; fraud can provide grounds to rescind (or void) a contract or lease, or to seek monetary compensation. However, before doing this, consult with a landlord-tenant attorney: it is very fact- or context specific when you can terminate a lease on these grounds, so you want an expert, one without an emotional investment in the outcome, to evaluate the situation and your options for you. Remember: if you break the lease and it turns out to be unjustified, you can held liable for the rent due for the entire remaining term of the lease.


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