Legal Question in Landlord & Tenant Law in California
July 1 2010 moved into apt. landlady promised would be "fininshed" prioir to move in, spent the 1st 16 days without a shower,2-3 people working in my apt on floors, bathrooms etc. Ran into rusty nail leaning in my hall, got infected, needed meds dr visit tetnus shot. Also "verbal promises" ( with witnesses) to take 9 yrs cat urine smell out of 40 yr old rug in livng room and tile the patio. Sept 1st she still had not fixed the shower so was having a plummer come at night and I told her I had guests coming over she said "F... you and your f...........ing social life , b.....ch. I saved you from a s.....hole............... I have an abused dog who got so upset at her screaming this at my door that she tried to run under the screen door and damaged her neck 400. hospt. bill. I went on a 12 day vacation from Sept 9-21 during which time she "decided" to have "a professional clean the carpet of cat pee" and I reluctantly agreed she could have the professional come 1 day to do it. when I got home on the 21st., I found out she had been in my apt at least 4 different times, moved all of my furn and belongings into the bedroom, took the carpet out with the pad, did a treatment to cement that no human or animal could be exposed to ( only my dog was there with someone stopping in to take care of her). I came home to cracked filthy cement floors, exposed nails, no note no explaination, all of my belongings moved rearranged, and some damaged. I have panic disorder and am on disabilty and it was under control and now my panic is out of control.What can I do. she also serial calls me about issues in the building that have nothing to do with me, calls my neighbors and bad mouths me,and sits outside my apt and glares at me. Oh and demands the rent in cash.
1 Answer from Attorneys
Sounds like a nightmare. Tell her you will not pay rent anymore until all issues are cleared up. You will, of course, risk getting an Unlawful Detainer ("Eviction") lawsuit filed against you. You will then have to go to court and tell this terrible story to a judge and most likely the judge will side with you - assuming all of your facts are accurate and he believes them. You might still have to pay her some rent, but only based on the value of the premises and taking into consideration all of the problems you have mentioned. If you don't want to risk being evicted, then continue paying rent and sue her for damages.
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