Legal Question in Landlord & Tenant Law in California

My landlord is a slumlord. The place was never cleaned, no smoke detector/fire alarm, several window screens missing, rat turds in the drawers and cupboards, sticky stuff everywhere, dangerous loose stairs, roof leak (was patched up, but dark stains all over ceiling), the door locks are faulty (one can kick door in easily). And, I found out from the electric company that I am paying for all the electrical use for the 5-unit apartment complex's laundry room, garages & exterior lighting!! (My electric bill is extraordinary and she will only pay a small portion of it.) I talked to her nicely about these issues, but she gets defensive and will not work with me. She just threatens to kick me out "if I don't like it". Also, she asked for a $500 pet deposit days after I moved in, plus $1200 for the regular deposit and I doubt she will pay any of it back. I found a new place to move and gave her notice yesterday and can move out on Saturday (Oct. 2nd) Rent is due on the 1st ($1200 per month. Do I have a case? I don't want to pay her another cent and I want some restitution, etc. What would you do if you were me, please? Thank you!


Asked on 9/28/11, 8:47 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, only because you asked, if I were in your shoes, I would never have moved into a place that had that many problems when you moved in. Never move into an apartment that is not 100% in a condition you are willing to accept, as once you move in, landlords will generally never do work that might have been promised.

I'm not sure what case you are asking about. Can you sue the landlord? I'm not sure what the grounds would be, unless the landlord failed to return your security deposit in which case you can sue her, but the judge is going to rule in favor of who he believes. If you cannot prove that the apartment was in essentially the condition it is in today when you moved in, the pressumption will generally be that you caused most of the conditions of which you complain. You need to have some level of proof that when you moved in, it was dirty, an unacceptable. If not, a court might hold that the landlord is allowed to deduct from your security deposit cleaning, repairs, etc... that exceed normal wear and tear. The electric bill, however, is one that you can likely prevail on if you can prove that it actually services all 5 units, and that you were paying for everyone elses' electricity. If I were you, I would consult with a tenant's-rights attorney in your area to go over the facts (you provided a nice summary, but to opine as to whether or not you have a case, an attorney needs a lot more information from you) and determine if you should go forward with anything more-than an action for recovery of the security deposit your landlord will almost certainly keep. I notice that you are in San Clemente, but unfortunately, I do not have a referral to a tenant's rights attorney in this area. You have to remember, when it comes to the question of restitution for the terrible living conditions, your landlord is not necessarily the only party at fault. You moved into a place that was in substandard condition, probably signed a lease that acknowledged that you accepted the property in clean and acceptable condition, and you continued to live there when the landlord refused to fix the problems of which you complain. In the court's eyes, tenants do bear some responsibility when they fail to exercise their right to not move in the first place, or to leave when conditions are unacceptable. I do wish you good luck.

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Answered on 9/29/11, 2:53 pm


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