Legal Question in Landlord & Tenant Law in California
Landlord situation
I recently moved into a house in a suburb of San Bernardino. I moved in the 15th of June with the landlord promising to fix things that were wrong with the property. On July 13 less than a month of living there the backyard sprinklers were left on and water came into the house I was not home. Long story short his insurance is refusing to pay for it as it was his fault that they were left on and now he wants me to pay to replace the carpet. What should I do? I will not pay for new carpet in his house and it is unhaibitable with out flooring. Rent is due on the 31st should I pay it or set up an escrow account and send him a letter stating that he has 10 days to fix the problem or the lease is broken and move . . . then there is the question of the $2100 deposit that he has. He has already said we killed the grass which is untrue - the 3 inches of standing water killed it. He is also saying it is our fault the flood happend because we did not clean the drains - but we have only been living here for 3 weeks
PLEASE HELP - NEED ADVISE QUICK!
1 Answer from Attorneys
Re: Landlord situation
You are correct. Send him a letter, and also report it to county health officials.
Withhold rent, in escrow, and get ready to move. He has effectively breached the lease.
You will need to sue in Small Claims Court for your deposit, plus other damages. Take pictures, and be ready for a lawsuit. If he doesn't repair it at once, your lease is over, and the law says you can move without consequences.
It might be wise to have an attorney write him a letter, setting forth all the circumstances.
Good luck!
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