Legal Question in Landlord & Tenant Law in California
signed lease and apartment was uninhabitable
I signed a 1 year lease and went to view the actual apartment and it smelled like dogs. 4 days later i was able to move in. What expenses during those 4 days should be paid? Am I entitled to payment for lost wages since I had to supervise the movers during the week rather than on the weekend and lost time from work? Please advise
2 Answers from Attorneys
Re: signed lease and apartment was uninhabitable
Did it smell so bad that you had to have it sanitized; how did you get rid of the dog smell? You are certainly entitled to compensation for the first four days as the unit was not available. There should be no rent paid and if you had to stay somewhere else where the daily rate was higher the landlord should pay that greater sum.
Whether you are entitled to the lost wages for supervising the movers is unclear. You were trying to mitigate the damages as is required and otherwise could claim no rent due until the weekend when you would again try to move in. So you do have an argument that you should make to the owner.
Re: signed lease and apartment was uninhabitable
As Mr. Shers has advised you, you are entitled to damages for the four days. Try to negotiate with landlord, or you'll end up suing him in Small Claims Court.
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