Legal Question in Landlord & Tenant Law in California

No access into rental house - prorated rent?

I rented a house and paid the first months rent (June 1-30) in full. The rental manager went out of town and did not give me a key to get inside until he returned which was after 10 pm on the 2nd of the month. He did give me a remote for the garage door, but I was not able to get inside the house without the key. Since I was unable to begin moving in until June 3rd, am I entitled to prorated rent for two days? Should I ask for a refund or can I deduct that amount from July's rent? Is there a rental law I can cite?


Asked on 6/04/07, 4:15 pm

2 Answers from Attorneys
Marco Cosentino Law Office of Mark J. Leonardo

Re: No access into rental house - prorated rent?

Read your lease. Typically, leases do address what happens in the situation where a Landlord delivers possession of the premises late.

It is probably under a paragraph called "Possession" or "Delivery of Possession."

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Answered on 6/05/07, 12:06 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: No access into rental house - prorated rent?

I would assume that manager would work out something fair with you. Under the law, as agent of owner, what he does is "imputed" to landlord. (We go to law school to learn big words, and charge more). I do not know of any rental law covering this, except the law that says a renter is entitled to the "quiet" enjoyment of his property. If it ever gets to small claims court, I find it difficult to believe that you would lose. Make sure you put your request in writing, and keep a copy.

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Answered on 6/04/07, 5:45 pm


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