Legal Question in Real Estate Law in California

Apartment Renter Realty Issue

Background

*Tenant (T) renting for 10 years

*ABC realty managing property for 10+ years

*Owner fights with ABC realty gives charge to XYZ realty (R) since last 11 months

Timeline

*June: T request mold fix, noisy fan, damaged toilet seat, damaged sliding doors and screens

*August: R responds, refuses maintenance says it is T's responsibility. T get mold inspected by mold remediation who say its landlord's duty, message communicated back to R

*September: R fixes only mold, but nothing else

*October: T give 1-month notice, request prorated rent amount. No response from R

*November: last day of rent R fights with the T for not paying Nov rent in advance. T pay rent in full with late fees, return keys for unit. R does not return security deposit to T

*December: R send letter to T with itemized list of all the issues in apt with estimated fixing cost incl all things that T had requested maintenance in June. Total fixing cost more than 6 times the security deposit. Quote from letter ''Your security deposit will not be returned. To make the apartment rentable we are not requesting for more money from you at this time; however we think it is owed.''

To avoid being charged for $ that R was to perform what can T do? Thanks.


Asked on 12/14/07, 9:26 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Apartment Renter Realty Issue

The state of California has a tenant handbook. This book is available on the internet at the official state website. This book has information and guidelines for determining the amount that a tenant should have to pay at the termination of the tenancy. Review the book and you will have a better idea of the amount of exposure that you have for damages.

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Answered on 12/23/07, 1:29 am


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