Legal Question in Landlord & Tenant Law in California
Recovering Deposit and other issues
I am preparing a small-claims case against a fomer landlord. Can I recover for loss-of-use? They routinely ignored our written repair requests including: rats in the yard; glass shower door falling off rails; rusted-out toilet would not flush unless flapper was raised via a hand in the tank; garage door springs broke, so door could not be opened; leaking water heater; malfunctioning central air unit spilled condensate and soaked carpet in a main traffic area, LL pulled up rug then left dried carpet in a wrinkled heap for 3+ weeks because they were ''busy''.
Just before moving out we repaired-and-deducted two items per state guidelines. The first contractor we hired broke things, then walked off the job, so we paid others to complete the work and deducted that amount. The first contractor then inflated the bill and harassed LL for payment, so LL witheld that larger amount from our deposit against our ''unpaid bill.'' We were later awarded a judgment against that contractor, substantiating that he had no grounds to bill anyone for anything. Can we recover the funds wrongly withheld from our deposit?
The owner and prop mgmt reps also showed up repeatedly without notice. Can we recover for loss of quiet enjoyment also?
1 Answer from Attorneys
Re: Recovering Deposit and other issues
You should recover everything, although some judges might not agree.
You write clearly and concisely. Put everything into your complaint in S.C.C., but first send a certified letter to landlord (return receipt) delineating the damages you expect, and should receive.
Ask for more than you expect.
It also may be prudent to have an attorney write to the landlord on your behalf.
E-mail me, or call, if you need more.
Good luck!
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