I just signed a lease 8 hours ago. Can I get out of it?

Question

I'm here in San Francisco and just signed a lease. Apt market is tight here and I looked at it very quickly and was pressured by circumstances to move quickly. I just went in to sign the least today, got the keys, and walked in today. I was horrified. The apt unit is in fine shape but i don't remember the window faced an alley way. I also don't remember the hallway into the apt feeling like a dirty tunnel. I simply cannot live here!!!!

Anyway, I already put down my $4000 cashier's check but now I desperately need to find someone way out of this. Is the company obligated to let me out of my lease within a certain timeframe? Or to at least let me transfer to a different building perhaps? Can anyone point me to any california laws that may help me?

Answer 1

No, there is no right of recission.

To undo your mess, tell the landlord that you wish to move out prematurely. Tell him you will begin right away to find a replacement tenant who qualifies and ask him to find someone, too. You said that the market is tight, so together you will probably find someone quickly.

Next, start marketing the property to find a replacement tenant who will meet the qualifications. Advertise on Craigslist, etc.

When the new tenant takes over, they will make a deposit and you will receive your deposit back.

This is a win-win solution-- you will be able to move out just as soon as you take successful action to replace yourself and the landlord will receive the rent that was promised.

Voila!

Answer 2

You can certainly ask the landlord if they will consider a cancellation and refund, but there is no law requiring that the landlord do so. There are no rescission rights on a real estate contract of lease or purchase. Rescission rights are only extended to contracts in which the lending of monies are involved.

If this landlord refuses to cooperate, you've just lost $4000 or you have just agreed to lease a premise which you despise. The choice is yours.

Answer 3

There should be a three day right of recision. This is pretty standard in contracts, especially real estate.

Read through this on the CA Department of Consumer Affairs (DCA) website:

http://www.dca.ca.gov/publications/landlordbook/index.shtml

You should also at least call a Lawyer's office quickly.

Good luck

Answer 4

Contact your local health department or housing authority and have them come and inspect the trailer. If it is this bad, then it is certainly unlivable. Did he inspect the trailer before signing? No matter how desperate you are to get out of a bad situation, you still inspect a place you are going to call home, especially if a young child will be there.