Legal Question in Landlord & Tenant Law in California
tenant relocation compensation
We were made to move out of our rental unit for a period of 15 days in order to allow a renovation project involving mold. We have been promised $200 dollars per day for every day out of our unit, some of which has already been paid. However, we were charged the full month's rent for August, 2007 even though we were out of our unit for nearly half the month. My question is: Does the relocation compensation include the amount of rent we were charged for the days out of our unit or am I within my right to reclaim that portion or rent???
2 Answers from Attorneys
Re: tenant relocation compensation
There is no real answer to this. It depends on the intent of the parties.
If you can't reach an agreement with the landlord, you are facing possible eviction.
It might be best to retain an attorney to write a demand letter to the landlord, and then negotiate on your behalf.
This is totally a matter of negotiating between the tenant and landlord, assuming it is not covered in a provision in the lease (which is unlikely). Read your lease carefully, before making your next move.
Re: tenant relocation compensation
Mr. Bennett is entirely correct that you must look at the written contract. If the writing is ambiguous, then it is intrepreted against the writer of that language. If the contract is silent on the subject then a judge probably would look to the apparent intent of the parties and what they reasonably would have believed the agreement was. Since the landlord is paying you $3,000 for the 15 days, and your rent propbably is a quarter of that, I would think the reasonable interpretation is that you have to pay the full months rent and the landlord reimburses you for $3,000. Otherwise, you would be profiting too much for the incident. It appears that you got a good deal so don't be like the dog with the bone crossing the bridge who sees his reflection in te water; in order to get the nice juicy bone the other dog has, he lossen his bite on his own bone, and it falls into the water.