My lessor gave me the original contract and he has the copies...?

Question

I have an apartment in L.A.'s Ktown...where I've demanded things to get done...and it's been exactly 8 days and I haven't been staying in my apartment at all!

He is not getting things done..and I haven't stayed one night in the apartment!

I told him to pro-rate my rent for next month since August 1st...till the repairs are done and he said, "Yes, I can do that".

Now, I am just stressed and I want out of the apartment because he is not finishing my repairs and I haven't stayed one night in this apt! What are my rights and by me having the original contract..

Do I have any advantage?

Also can he refund my rent if I don't stay there for the whole August month because I should be living there!!

Please help...best detailed answer has 10 points!

Answer 1

No, just because you have the original doesn't give you "extra" rights.  Why did you sign a lease if the apartment wasn't what you wanted?

You have legal recourse if the apartment is unlivable (such as mold, rats, etc..) not if there are a few things you don't like (cracked mirror, or missing shades, etc.)  

You have to give him a reasonable amount of time to fix the problems.  You said he is going to pro-rate your rent so it seems as if he is trying to work with you, but if you think it is taking way too long to fix, you can try getting another apartment and then suing him for our deposit, but if the apartment is livable then he doesn't have to give you your money back.

Answer 2

From easiest to most confusing...

1.  A copy is just as good as an original.

2.  The incorrect date is a non-issue.  It's obviously a clerical error.  A judge will recognize that the writing does not reflect what you and the landlord actually agreed upon, and enforce your actual agreement.  It's called contract reformation, if you want to look it up.

3.  You are still bound by the terms of your lease as long as the landlord's breach is "minor."  So, if he is simply a few days late in providing you a livable apartment, then your remedy is to abide by your lease, but receive compensation to reflect the days that you could not live there.  Now, at some point, the landlord's failure to provide you with the apartment will become a "total" breach, in which case you can essentially cancel your lease, and legally sue for your deposit and any monetary damages you incurred due to landlord's failure to provide the apartment for you.  So, the question is, at what point does this become a "total" breach?  Well, there is no definitive answer.  It will be up to the judge if you are forced to go to court to recover your deposit.  But, I'm thinking that maybe a month is sufficient.