In California, signing a lease without viewing the property—commonly referred to as signing "sight unseen"—does not inherently provide legal grounds to break the lease. Once a lease is signed, it becomes a binding contract, obligating you to its terms unless specific legal exceptions apply.
Potential Legal Grounds for Lease Termination
1. Uninhabitable Conditions:
If the rental unit violates health and safety codes (e.g., plumbing, electrical, pests, mold), you may have grounds to terminate under California Civil Code § 1942.
2. Landlord Harassment or Privacy Violations:
If your right to quiet enjoyment is violated, such as unauthorized entries or harassment, you could break the lease.
3. Misrepresentation or Fraud:
If the landlord made significant misrepresentations that led you to sign the lease, the lease might be voidable. However, this can be difficult to prove.
Steps to Consider
- Document Issues: Take photos and keep written records of any defects.
- Notify the Landlord: Send written notice detailing the issues and request resolution.
- Negotiate: Ask if they’d agree to early termination, especially if you haven’t moved in yet.
- Keep in mind: Breaking a lease without legal justification can result in financial penalties.
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Am I stuck in my lease if I signed sight unseen?
I understand your concern about your lease. Can you tell me if there have been any issues with the property since you moved in?
Yeah, the hardwoods are messed up.
Have you tried discussing your concerns with the landlord or property management company?
Yeah, they couldn’t help. They said it’s in most of the units, but I didn’t see that in the model unit.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your lease issue.
Yes.
Hello, my name is Andres Sanchez and I am an attorney with 20 years of experience. What state are you in?
California.
In California, signing a lease without viewing the property—commonly referred to as signing "sight unseen"—does not inherently provide legal grounds to break the lease. Once a lease is signed, it becomes a binding contract, obligating you to its terms unless specific legal exceptions apply.
Potential Legal Grounds for Lease Termination
1. Uninhabitable Conditions:
If the rental unit violates health and safety codes (e.g., plumbing, electrical, pests, mold), you may have grounds to terminate under California Civil Code § 1942.
2. Landlord Harassment or Privacy Violations:
If your right to quiet enjoyment is violated, such as unauthorized entries or harassment, you could break the lease.
3. Misrepresentation or Fraud:
If the landlord made significant misrepresentations that led you to sign the lease, the lease might be voidable. However, this can be difficult to prove.
Steps to Consider
- Document Issues: Take photos and keep written records of any defects.
- Notify the Landlord: Send written notice detailing the issues and request resolution.
- Negotiate: Ask if they’d agree to early termination, especially if you haven’t moved in yet.
- Keep in mind: Breaking a lease without legal justification can result in financial penalties.
I wish I could send pictures. I really messed up signing sight unseen. They only said they have one more unit available for $175 more/month, but it has the same issue. The model unit they had me tour did not have this issue.
I understand. Your best options would be what I mentioned.
