Legal Question in Landlord & Tenant Law in California

I moved into a rental lease for one year 12 days ago. I was told that when I moved in the following morning, the house would be ready. Upon moving in, the house was not clean, many closets, cabinets, areas stll had property from the previous owner/tenant. I wrote a detailed letter to the owners, expressing my problems and requesting that they make specifics repairs within 30 days. One was there was no dead bolt locks on the front entry door, both back sliding doors wouldn't lock and could be lifted on the track for easy entry into the housing. The house wasn't clean, sanitary. They said they were remodeling, but only changed the flooring. Ceiling Fans with shorts, grass not mowed, a truck load of old carpeting, boxes, furniture left in the driveway and garage. The dryer didn't work. The only tub wasn't working. A day after sending a demand for repair, the OWNER, decided and agreed to terminate the lease agreement. I want to later sue under 1941.3 (california) and other violations. I have photos and will be videotaping. What is your suggestion the maximize my recovering. I am asking for my deposit ($1650), half of the rent paid. I want to be reimbursed all moving expenses and damages.


Asked on 8/26/11, 5:42 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

The landlord obviously did not deliver what he was obligated to do. You were entitled to the lease being voided. Since you had given up your prior rental, you cold not go back to it so it was not unreasonable that you stayed in the new place. At a minimum you are entitled to

1. your entire security deposit back and any other money you paid as the landlord breached the contract before you moved there;

2. the reasonable cost of moving since you would not have moved from your former location, which includes reimbursement for the time you spent boxing and preparing you items to be moved, time spent arranging for the move, any new utility charges;

3. for a reasonable time, say a year, the difference in rent between your old unit and the new one you find [if you were going to leave] or any increased costs if you go back to the old unit;

4. all the rent month you paid the new landlord as he knew the place could not yet be moved into and the difference in your old rent and what it costs or reasonably should cost you to stay temporarily

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Answered on 8/27/11, 6:32 am


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