Legal Question in Landlord & Tenant Law in California

I am a California Licensed Real Estate Broker who entered into an office lease in 2003 for my Real Estate and Mortgage practice to conduct business. The lease was between myself and a Mr. Bobby Clinton who passed away in 2005. The terms of the lease were for 1 year and to be renewable for subsequent years.

I selected this office space location because it was on the second floor which contained a bannister and is located in a highly visible and high traffic area directly across from the County Courthouse. On any given day there are at least 500-1,000 individuals who either walk or drive in front of the office. In order to attract these potential clients, Mr. Clinton agreed that I could place my business banners on the bannister in order to advertise my services. So, I installed my business banners and they have been there ever since.

In October 2005, Mr. Clinton passed away. In November 2005, the Heater and Air Conditioner in my office (and also in the entire 2 story building which houses 4 suites and is approximately 6,000 sft in total size)stopped working altogether. I notified the property Manager, Jeannette, through a myriad of letters and voice mails which fell upon deaf ears. It was literally freezing in my office and when my clients walked in they all asked why it was so cold inside. I myself had to wear a down jacket and a scarf over my business suit which did not look professional. Despite continuous calls to Jeannette she never acted upon them. I had to purchase electric heaters for myself and my employees. I spoke to the tenants of the neighboring office and they told me that their repeated calls to Jeannette were never returned or acted upon.

In the Summer time, the flat metal roof above us acted as a mirror and while it was 85 degrees outside it was a scorching 95 degrees inside. I had to purchase portable fans for myself and my employees to cool down.

It wasn't until late 2009 that a heater and air conditioner specialist was sent out. I spoke to him and he told me that the roof top mounted heater and air conditioning unit had not been working for several years. He then installed a functioning heater/air conditioner and I have his contact information.

Mr. Clinton's estranged son, Dennis, became employed by Mrs. Clinton in 2009 as a handyman/gofer/messenger. He soon told me that Mrs. Clinton had to purchase two new replacement heater/air conditioner units at a cost of $45,000 each to replace the old burned out units and that she was not happy with having to spend this kind of money. He also told me that they have had several vacancies and tenants move out of their other commercial and residential rentals. In fact, of the 4 units in our building there are only 2 that are leased. The bottom 2 units have been vacant for over 1 year.

I did not meet Mrs. Clinton until late 2009 when she drove into my parking lot with her son Dennis and she told me,"I've been out of it mentally since Bobby (her husband) passed away and I am now getting back into things. I want those banners removed." I told her that it was part of my agreement with her husband and she said,"I don't care." She then drove off.

I had been paying office rent since 2003 and this was the first time that she had ever contacted me in any fashion.

My rent checks for December, January, February and March were mailed to Jeannette and then Dennis stopped by my office with my March rent check and asked if I could change the memo section to read February. I told him that they had already cashed February's check and as such I will not alter a document or do anything illegal. He agreed and then left my office with my March rent check which was not cashed. I noticed that Mrs. Clinton had endorsed my March rent check and then scribbled out her bank information and then she initialed it. 8 days later just a few minutes before closing time a process server came in a served me with an informal 3 day notice to pay or vacate. It was written by Mrs. Clinton. I called Jeannette to go over my rent checks and Dennis got on the other line. We reviewed the rent check numbers since they have never provided me with any type of rental receipt check in my 7 years of renting from them.

Unfortunately, that was not the last of this matter. When I went into the office today, I found a letter from a local law firm that Mrs. Clinton has now employed which requests full rent payment within 3 days and for me to immediately remove my banners.

I am awestruck to say the least.

Mrs. Clinton has been nothing less than a commercial slum lord who admitted to me that she had never kept tabs on her husband's rentals because she was "out of it mentally". I would like to know my rights in regards to this matter against her and whether I can sue her for material breach of the lease for failing to provide me with a functioning heater/AC. My damages would be the difference in the rental value of the property as it was for 4 years (with a non-functioning heater/AC) versus as it was supposed to be per the lease. I pay $1,534 per month and I would imagine the fair market rent value for an office with a non-functioning heater/AC would be $0. What are my chances of being successful in suing her for the $1,534 (x 4)=$73K+.

I have been pushed around too much by her and I would like to assert all of my right against her. Nobody should have to be treated in this fashion.

Accordingly, any information that you could provide me would be greatly appreciated.

Best regards,

Michael R.

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