Legal Question in Landlord & Tenant Law in California

Deadbolt/Breach of Contract

Hello-

The last place that my wife and I lived in the landlord's refused to put in deadbolt locks, which are required by Ca. Civil Code 1941.3. We notified them 1 month into the lease, in writing, about the law, and that we wanted them installed. They gave us all sorts of reasons why they didn't want them (neighborhood safe, they don't like their looks, they claim that the tenants are covered on their homeowner's policy (false, I believe), etc), and we insisted, finally moving out 30 days prior to the end of our lease because they refused, after giving them repeated notice. We did not withhold rent, move sooner, or repair ourselves due to my wife being pregnant, and the landlords living on the premises. Aside from a claim regarding our security deposit [which they didn't return in time, and not in compliance with 1950.5 at all, and they made bogus deductions, which we can prove are such], 1941.3(3)c allows us the recourse of a ''breach of contract action''. Exactly how does this work? is this recourse used in practice? how much does one sue for in such a suit? and does a sec. deposit suit, in which one uses the lack of deadbolts to justify getting the last mo's rent returned preclude such an action?


Asked on 10/12/05, 9:07 am

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Deadbolt/Breach of Contract

Why did you wait so long to do anything about this? You had the right under the law repair and deduct without fear of retaliation, so your excuse for not doing so sounds a little flimsly. It sounds grossly unfair that you should stiff the landlord for a whole month's rent simply because he/she refused to install a $5 lock.

If you want money, you will need to file a lawsuit. If the the claim is for less than $5000, you can do this yourself in small claims. The statute of limitations for breach of a statutory duty is 3 years.

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Answered on 10/12/05, 9:22 am


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