Legal Question in Landlord & Tenant Law in California

Do I have a right to compensation?

I moved to a three-story house and rented the lower lever; I was offered the use of the owner's kitchen, family-room & TV on the main floor and a BBQ on the patio. Instead I was denied all these offerings and was required to use a narrow hallway and bathroom on the lower level, as my kitchen. When I've asked for the broken toilet to be fixed and a lock on the bathroom door, I was told I was "troublesome" and if I didn't like it, to move out; at least 20 times in one month. The broken toilet constantly leaked and used unnecessary water for about a year before I arrived, a few months ago. The husband uses me as his "scapegoat" every times his wife complains. Everything mentioned, was to be included in the rent, including WiFi and cable. But he tried to take those away too. His wifi router broke and he blamed my computer on breaking it. How do you break radio waves? He refused to buy a router that was strong enough for three floors. Instead he bought a cheap $40 router intended for a 2-bedroom one-story house. Consequently I was left without any way to communicate; no Internet and no phone service. There is no cell service in the hills where this house is located. I work on the Internet for a living and he denied me access to phone or Internet service for days, until I could persuade his wife to assist me. Her husband tells her to "stay out of it" and that's what she tells me she's doing. After many denials to help, she finally realized there could be some consequences to herself and so she bought an appropriate router. I had also supplied my own router for the house but they refused to use it. The lack of service and respect has caused on-going upsets. The toilet has never been fixed and I have to pour buckets of water down it to get it to flush. I have tried to tolerate the husband's mood swings from being overly affectionate to me and seeking me out for companionship, to being nasty and insulting, yelling that he hates me and that my ex-husband would have a lot of bad things to say about me (which he doesn't). He writes letters about me to his wife that are filled with 100% lies and she supports him. His strong willed wife, demanded that I make a deal with her to move out, if the new wifi didn't work. She believed her husband that my computer could break their wifi router through radio waves! She monitors my washing and drying and claims that I'm using the dryer too long by putting the setting on a timed dry rather than an automatic "normal" setting, when in fact I'm doing just the opposite. Her husband has irrational behavior e.g., invites women to come into the house via the intercom when there

are no women around. He placed an electrical battery charger on my dead car

battery for one second and then quickly removed it, saying, "there it's fixed".

The battery charger had zero electrical charge and he put it in the wrong place. I suspect that he may have Dementia and possible drinking problems. He claims

that I drove him to drink in the daytime by "nagging him" and I wondered if he

thought I was his wife. There has only been three things that I've nicely requested

and that has been for; the toilet to be fixed, a lock on the bathroom door (it's still

without one) and some touch-up paint so I could paint over the putty marks that

the previous tenant left. I've only had two weeks of peace here during the few months that I've lived here. He has constantly told me to move out if I didn't like things how they were. He's tried to evict me three times over lies. He said he is not following any landlord-tenant rights and that he will do anything he wants to

do. He told me not to complain unless the walls are following down. Well I did

email him recently that his ceiling was in serious need of a plumber and handyman,

and that he should look at it immediately. He has ignored my request, again, and

I now have another eviction notice and need to move in less than 3 weeks or he says he will call the sheriff. There are few rentals during the holidays and I'm now stressed that I could be left out in the cold. What options do I have? He said staying here is not an option and he told his wife again to "stay out of it". So she ran away from me when I politely asked her if I could speak with her when she was available. I have most everything documented with dates and communications. I also live

north of the Golden Gate Bridge and can use some legal help. Thank you.


Asked on 11/02/12, 5:10 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

My first, last and best legal advice to you is to move, as quickly and as expeditiously as possible. Having lived in a house that was not designed to be a rental in the same general area as where you are now living, I greatly appreciate the challenge you are facing. I however was a student, living in the studio apartment unit with kitchen privileges, and serving as a nanny for the family's young children. Unfortunately your circumstances have been far less than ideal. Consequently, your legal remedies are best exercised once you are out of the situation. You may have claims for rent abatement based on the lack of a consistently working toilet; you may have a claim for fraud or false representation with respect to the problems with internet service and the verbal representations that were made to you when you decided to rent the unit.

I suspect that the unit you are living in is being rented illegally which could allow you to claim a complete refund of any rents you have paid or deposited funds. However, you have to ask yourself this question: once I am out of the situation, do I really ever want to have any contact with these people? Given that the answer will probably be no, my recommendation is to leave immediately and consider carefully whether you want to take the matter to Small Claims Court.

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Answered on 11/02/12, 6:41 pm


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