Legal Question in Landlord & Tenant Law in California

tenant's rights

I took over the lease of my son's apartment and the landlords raised the rent $100 because they were going to ''fix the place up'' but they never did any painting or fixing during the transitional period.

We waited 6 months before they decided to replace the shower, but won't give us a break on the rent during the week the bathroom will be worked on. There is another bathroom, but...?

Also, they havn't replaced the rugs in what looks like 25 years, and the whole place hasn't been painted in a long time.

Can we withhold, or ask for a refund of $600 for the 6 months they've been charging when no upgrades were done?

Also, I thought rooms were supposed to be painted before new people moved in?

Thank you


Asked on 8/27/07, 4:11 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: tenant's rights

Did they give you anything in regarding the upgrade?

Ditto, regarding the shower and the bathroom.

They don't have to replace the rugs, and they don't have to paint. You did not have to sign the lease.

They don't have to repaint.

Always do a walk through before signing lease.

You may win in Small Claims Court, but your case is 50-50 at best. My suggestion: retain an attorney to write landlord a demand letter regarding upgrades, and rent rebate. If landlord doesn't, either sue or move.

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Answered on 8/28/07, 10:30 am


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