Legal Question in Landlord & Tenant Law in California

Landlord payment problem

I moved into an apt. mid month and paid for the rest of the month pro-rated. I signed a lease for 6 months but moved out after 2 weeks (end of month).

This was because the management didn't fix or clean anything they promised. The apt drawers and stove were filled with dead cockroaches and eggs. There were baby cockroaches and adult cockroaches in the apt.

I never noticed this and asked them to fix this. They didn't.

I moved my items in but never slept there once because of the uninhabitable conditions.

I then sent a letter that I wanted to move out. The manager gave me a number to call. Unfortunately the lady ignored my calls and then scheduled a meeting and never showed. My problem is that I want all my money back. The management company refuses to give back all my money. they only plan to give me my deposit minus the days i didn't hand my keys in ( didnt realize I had to hand the keys in after moving out because of the run around).

Do I legally get all my money back?

or just part of the deposit?


Asked on 10/15/07, 6:02 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Landlord payment problem

If you go to small claims court, I would hope a judge would look at the totality of circumstances and decide that the place was uninhabitable and therefore you should be entitled to everything back. Basically, the landlord breached the lease by breaching the implied covenants of habitability and quiet enjoyment of the property.

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Answered on 10/15/07, 6:06 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Landlord payment problem

Assuming what you write is accurate, you should file in Small Claims Court.

The key question is whether or not your premises are inhabitable, and there are 8 major reasons affecting inhabitability.

Your main problem is that you should have talked with a landlord tenant attorney, or looked up law online before moving. You should give landlord/management company written notice, and made complaint to the appropriate governmental building and health inspectors.

You should still sue, but it is not a "slam dunk". Also, charging for days holding onto keys is hogwash.

I strongly suggest you retain an attorney to write a strong "demand" letter to landlord/management company.

Meanwhile, if you need more, please do not hesitate to e-mail, or call, my office.

Good luck!

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Answered on 10/15/07, 7:07 pm


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