Legal Question in Landlord & Tenant Law in California
incorrect advice and move out charges
1.During our move out inspection our landlord pointed out that our living room carpet would be replaced at our cost as it was deemed ''uncleanable''by the contracters.She also pointed out that the living room would be repainted.When she sent the itemized repair bill at our new residence she indicated that they had recarpeted and repainted the entire unit.
2.The aforementioned landlord manages a subsidized housing rental complex in Palo alto.She incorrectly advised us on income limits if we were to continue paying the $430 for our two bedroom apartment.I work as a subsititute teacher and hence my income varies.During the said time I got a one semester contract that highly changed our income.Worried that this was a temporary increase,i addressed my concerns to her and she told me that they would only consider my regular subsitute pay.After this I went ahead and signed the contract.When she did our annual recertfication she increased our rent from $ 430 to $ 1295.We reported this to her supervisor who told us that the landlord(manager)had made mistakes due to incorrect advice from her former supervisor.She advised me to cancel my contract but I said I couldn't since i had already obligated myself.
2 Answers from Attorneys
Re: incorrect advice and move out charges
I hope you forgive me, but I have had a long day, and your question doesn't have simple answers.
I'll get back to you in the morning (I am semi-retired and work out of an office in my home, so it's no problem being available on a holiday).
Re: incorrect advice and move out charges
1. Landlord ("L") is responsible for ordinary wear and tear. Tenant ("T") is responsible for any damage caused by T or "guests". T must also leave the premises as clean as when T moved in. Cleaning and repainting costs would depend on the above responsible party.
2. I regret that I do not practice in an area which has rent control, such as East Palo Alto. At the end, I am including a link to the E.P.O. municipal code, and you can look up the rules regarding rent control, especially at Section 14 (housing) and the remedies are listed. I am sure you can understand that I am not undertaking the study of a law that I almost certainly will never be confronted with to assist Law Guru.
Earlier in my life, I had experiences with substitute teaching (and I understand the problems and ramifications). The main question as to your contract (i.e. lease) is whether there were any witnesses to L telling you limits, as well as your signing the document.
Fraud is a defense in contract cases, and you may well have that defense available here.
When, and if, you assert any defenses, you need to send a certified (return receipt) letter to L, and, obviously, keep a copy. In the letter, you need to assert, as you do here, that you do not owe anything.
Because. credit reporting agencies keep records on these type of situation, you must protect your credit, by registering your answers to her accusations.
It would probably be wise, due to the amounts of money involved, to have an attorney write a strong letter to L, setting forth the facts which you eloquently describe above.
Please feel free to e-mail, or call, me if I can be of further service.
http://municipalcodes.lexisnexis.com/codes/epaloalto/
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
