Juanâ€™s first remedy option would be as stated in the lease contract. Where? Why can he do this? The lease will end and he will be prorated the remaining amount of rent up to the time of damage stated in clause 11 (damages to premises). This would be known as a breach (Whatâ€™s the breach? No fact here to how the breach) of contract, which is defined as failure to perform the obligations of a contract (Page 191/Chapter 16/9th edition). Mariaâ€™s residential house lease agreement binds both her and the tenant to the laws of the state of California as referenced in clause 25 (binding effect).
Another option Juan has is to pursue legal actions as stated in clause 26 (governing law). Juan would have a few legal options he could choose from if he wanted to take her to court. Because Maria is refusing to fix the small leak, Juan can start with suing Maria for fraudulent misrepresentation and intent to deceive, which is defined as knowledge on the part of the misrepresenting party that facts (what shows that she knew about the leak?) have been falsely represented (Page 158/Chapter 13/9th edition). This could be an option because Maria knew about the leak that was their prior to him entering into the lease. Also, because of this known factor prior to coming into contract with Juan, she could be sued for misrepresentation by conduct, misrepresentation by silence, and reasonably justifiable reliance on the misrepresentation of fact. To meet those elements of fraud a misrepresentation of a material fact must occur, there must be an intent to deceive and finally the innocent party must justifiably rely on the misrepresentation (Page 158/Chapter 13/9th edition).
A lawsuit is a possibility but is this will take time. What else does the lease or the law allow him to do? Did you take a peek at the chapter on Landlord/tenant? Not required but is a grade booster.”