When I rented a condo here in San Diego the ad said steps to jacuzzi ...come to find out it has not worked in yrs.

The landlord said it was goin to be fixed in couple weeks but from what I here the hoa want not to fix it and fill it up with dirt!! I could of rented else where that had working jacuzzi . I moved in dec.... And here it's may and no jacuzzi . Can I break my lease for false advertising ..?

San Diego, CA -

Attorney Answers (1)

Robin Mashal

Robin Mashal

Real Estate Attorney - Los Angeles, CA
Answered

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

If you inspected the property before you rented and noticed the Jacuzzi was not functioning, you cannot argue you relied on the advertisement statement when you entered the lease. You need to read your lease agreement very carefully. If the lease does not provide you access to Jacuzzi, and the lease has an "integration clause," it would not matter what the landlord said to you before you signed the lease. On the other hand if the lease explicitly provides you the right to use a Jacuzzi, and you have not had access, and the access to Jacuzzi was a material inducement for you to enter the lease, you can argue for an adjustment to rent due. You should consult your own attorney to protect your legal rights.

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