Legal Question in Landlord & Tenant Law in California

hi, my name's ally i began renting a property on 07/01/09 1700 a month for the entire property and my landlord said she was going to continue to stay in the garage which she made into 2 bedrooms for a month while she was moving out of state. it has been six months and she still hasn't moved and she is currently out of state and has her things moved out of the garage. Also has trash all over the front and back yard. she will not give me the possesion of the garage and she will not lower rent to separate the garage from the house. during her living there she would walk into my house unanounced to do laundry in my house. I had to block the door with the couch and she got so angry. clause 2 of the lease reads "if there is a delay of possesion by managment, rent shall be abated on a daily basis until possesion is granted. If possesion is not granted within seven days after the beginning day of initial term, then resident may void this agreement and have full refund of any deposite. Managment shall not be liable for any damages for delay of possesion." do i have a foot to stand on in going to court to get back rent for the fact that she never let of me have possesion of the garage and parts of the yard. when legally i was renting it out. And she rented out the garage to another person while i was technically renting it too. which i thought to be illegal. but i really don't know. any help would be apreciated! please and thank you.

-ally


Asked on 12/29/09, 10:04 pm

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

Without regard to the contract, you are entitled after the first month to have a reduction in your rent because you were not given possession of all the property you had rented. You would have to figure out what the value of the converted garage is and the cost of cleaning up the mess that she made. Certainly the rent should be at least what the rent fo rthe other person who occupied the garage was. The lease affilrms those conclusions as it permits a reduction [abatement] of the full rent.

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Answered on 1/06/10, 9:17 pm


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