Legal Question in Landlord & Tenant Law in California

Rented a house from a rental agency. Rent checks are made payable to the agency. Agency failed to disclose a prior flood which was causing severe mold growth. I gave a written 30 day notice and moved after living there 8 months. I was also refused a move out inspection with the agency. I want to recover at least a portion of the rent I paid since the flood was not disclosed and I would not have rented the house had I known. Who would I file against? The agency who I paid or the owner? The owner holds the security deposit per the lease, won't return it and has already sent a bill for things like window cleaning, a shower curtain, garbage bags and some inflated bill for cleaning old, stained carpet. Owner is also trying to get me to pay over $500 because I smoked in the house although the lease states nothing about it. Is it possible to make both the agency and the owner appear in court together so the judge can settle everything at one time?


Asked on 6/03/10, 9:49 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, Judge's don't settle cases. They decide cases based upon current law, the pleadings and evidence in a case. You can sue whomever you want, but the issue is will you win. In a situation like this, I won't give you any odds of winning the underlying case, but I can tell you that on something like a failure to disclose information prior to renting a property, a property manager can be held liable if they had actual knowledge of the problem. The issue you have is that the property owner may have paid a water damage restoration company to fix the problem after the flood, and unless he and/or the property manager had knowledge of a continuing problem, then the flood itself might not be relevant. In other words, I don't have to disclose water damage to an apartment to a prospective tenant if, to the best of my knowledge, a professional actually remediated the problem. This is not necessarily a slam-dunk case. Sue both, and hope you can convince a judge that they knew not just about the flood (which is obvious) but that problems with mold continued after any repairs that were done.

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Answered on 6/04/10, 7:47 am


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