Legal Question in Landlord & Tenant Law in California
On Oct 25, there was a water pipe that busted and caused a leak and flooded my dining room and damaged some of my personal property in my apartment. I was out of my apartment for a total of 12 days (Oct 25-Nov5). I did not have access to my apartment till Nov 6. My lease ended on November 30. Monthly rent is $900.
On Nov 6, I asked the Apartment Manager if they were just going to pro-rate my rent for the days that I was out ($360). The Apartment Manager stated she would speak with her manager and call me that following Monday Nov 8. At this time I gave the Apartment Manager an itemized list of damaged personal property totaling $260. I did not hear back from her until Monday Nov 15.
On Nov 15, I asked her again if they were going to pro-rate the rent and she said she was going to call her manager and would call me back on Wed Nov 17.
On Nov 19, I spoke with the apartment manager and she informed me that they we�re going to pro-rate my rent and that I only owed $540. I informed her that I got paid on that following Tuesday November 23, and if I could pay half ($270) and I would pay the other half on Dec. 4. She said yes not a problem. On Nov 23 the Apartment manager called and informed me that I owed $750 because I was responsible for rent starting from Nov 6-30 ($750) and that I had to pay at least $540 that day in order to stay out of collections. She also stated that including paying the $540 I would have to vacate the premises and sign a release of the apartment. The apartment manager stated that she had no authority to make that type of arrangement with me and that she thought the property management was going to pro-rate my rent. She also informed me that the property management company was going to put a rush on my reimbursement check for my damaged property and for the days I was out of the apartment. On Nov 23 I paid the $540 and moved out of the apartment.
On Nov 26, the apartment manager called me and asked me if they could just write me check for $410 on Nov 29 and all the rent owed would be squared away, that I wouldn�t owe anything. I said yes, that is fine.
On Nov 29, the apartment manager called me and informed me that she had all the paperwork ready for me to sign. I asked her if the reimbursement check was ready and she stated No, you don�t get anything. You owed $410 in rent. I stated that was not what she had called and told me on Nov 26. I then asked her about my damaged property and she stated that they were only going to pay me a percentage of what was listed. I told her that this was not good business and I would not sign anything till everything itemized and was printed out on paper
I am very confused and do not know what my rights are. How can they say I owe $410? I feel like I am getting screwed over. Are they only liable for paying me a percentage of damaged my property?
1 Answer from Attorneys
Whenever, you have an issue with a landlord, you should make certain that you have reduced the dispute to writing and you have either delivered a copy to the landlord or sent a copy by mail, delivery confirmation or return receipt requested, retaining a copy of the confirming correspondence for yourself.
Representing landlords, attorneys often defend claims such as yours on the basis that there is no writing to confirm that you brought the issue to the landlord's attention.
Thus, the first thing I would do is to send a recap of events in the form of a polite confirming letter. Always assume that a judge may be reading your letters/emails to the landlord, thus they should always be polite, no matter how you may be provoked.
List everything, included all of your damaged property in the letter, and include a signature line for the landlord to sign and return if the landlord agrees with the terms of your letter.
Look in your lease. See if attorney's fees are provided for in the agreement for the landlord or the prevailing party in a dispute or collection matter. It doesn't matter if attorney's fees are one-sided. They are interpreted to be mutual. If one side is entitled to them, the lease will be interpreted so that the other side would be able to get them if the other side prevails; thus, should you prevail in an action against your landlord, you would be entitled to have your attorney fees reimbursed. If you need some assistance, please feel free to contact me at 619-991-0548.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
