Legal Question in Landlord & Tenant Law in California

My friend signed for a month to month apartment rental. The home was unsafe and the repairs weren't made before she was to move in. Also a registered sex offender at the address, which was not disclosed to her verbally or in written form. The landlord now is playing phone tag an says she will return all of the money but that she doesn't have it, she claims she have it to her attorney. She refuses to give us her attorneys name or any info but says when he contacts her she will contact us, but it's been over a week of trying to get ahold of her and she always responds with "oh tomorrow for sure, I haven't talked to him today" and she never calls back. The total paid was $1850. I know it can be taken to small Claims but we have no info on her and were wondering if we had other options or if something could be done so my friend wouldn't have to actually go to court. PLEASE HELP


Asked on 1/09/12, 5:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, the landlord is not required to inform your friend as to the location of any registered sex offenders near the apartment. The requirement is that the landlord must give your friend a "Megan's Law Disclosure" which only states that your friend had the right to contact the Megan's Law website, or the local Sheriff to determine whether or not a registered sex offender lives in the area. I do not believe that failure to give that notice is grounds to terminate the rental agreement - your friend would have to prove that she would have, if she received the notice, actually reviewed the database and chose not to move into the apartment based on the presence of a sex offender in the building. The fact that she didn't actually move in helps to prove that, but it will still be up to the judge if the failure to give that disclosure was sufficient to allow your friend to terminate the lease early.

As for recovering the money paid, there is no way other than going to court to force her to repay the money. You can, from many different free and pay websites, find the name and address of the owner of the building. If you have a friend in real estate, they can obtain a property profile showing the name and mailing address of the owner. Alternatively, you will have to hire someone to find that information before your friend can sue her.

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Answered on 1/10/12, 3:53 pm


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