Legal Question in Landlord & Tenant Law in California
Apartment Leasing Contract
I signed my apartment contract, and the apartment is not livable, the is wires hanging everywhere and my hardwood floors has nails stick up. I cut my foot, by the wood. I have been complaining to management for a month. Nothing has happen. I shouldnt have to pay rent until they fix everything. Rent is $975 in ca. I didnt even have a stove nor refrigerator for the first two wks. What should i do.
1 Answer from Attorneys
Re: Apartment Leasing Contract
You need to write the landlord a certified letter and list every complaint including lacking a stove and refrigerator (but read your lease, and hope that nothing in writing states that landlord does not have to providing a stove or refrigerator). You are dealing with what is known as a "constructive eviction". Make sure you keep copies of everything you write to the landlord, and, if possible, take pictures and get a friend to view it, because this will all be evidence in court, if it goes that far. You also need to refuse to pay the rent until the apartment is livable...you must still pay the rent, but the best way is to open a separate account in your bank (usually an "escrow" account), so, if it goes that far, you will have evidence to show the court you were ready, willing, and able to pay the rent. Make sure, you document everything you do in writing, and KEEP COPIES of all correspondence. Finally, you should have a local city or county agency that inspects buildings. I would file a complaint with them, and the key word is that your apartment is "uninhabitable".Good luck.