Legal Question in Landlord & Tenant Law in California

Tenant Rights: My girlfriend was living in an apartment where construction started and the apartment became un-inhabitable, she moved out of her apartment and was to get the pro-rated rent for the time she was out of the apartment (which she had to talk them into). The repairs took a month, in which time the apartment was a full construction zone and was un-livable. Within that month she took a trip, which the landlord heard about and is now trying to avoid paying her for the time she was on the trip, although when she returned the apartment was still under repair and she was unable to move in. Is it legal for the landlord to not pay for the time that she was out of town??


Asked on 11/06/09, 2:21 am

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

No , if the apartment was uninhabitable the landlord must rebate the rent for that period of time. He either breached the warranty of habitability, breach the covenant of quiet enjoyment or just plain made it unusable.

Whether she took a vacation or not she still is entitled to a reduction for the time she could not use the apartment. Maybe she took the vacation because she couldn't live there.

If he still refuses you could take him to small claims court and get her money but that will damage the relationship with her landlord.

Hope that helps and good luck to her.

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Answered on 11/13/09, 1:51 am


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