Legal Question in Real Estate Law in California
In December our apartment flooded, and the apartment complex gave us the option the moving, staying elsewhere why it dried out, or staying in the apartment while repairs were being done. We chose option 2 and stayed at a family members place.
They instructed us to check in every day, which I did, and they said that we were being credited for each day we were out of our place.
The problem that we are facing now is that they won't pay for the entire we were out of our apartment. They are saying that it was deemed habitable on a certain date, but I didn't receive that information until a week later and I had checked in during that stretch and someone should have told me then.
The other problem I have is they left it a complete mess and expected us to move back in, thinking that it was ok to leave the place caked with the dust from the carpet & baseboard people.
Theres a bit more, they never bothered to update me on the status of my place when asked during the time we were out, and repeatedly never called back after leaving messages.
What kind of options do I have legally? They tried to get us to sign a form and give us a check for $300 the other day (45 days after the flooding). The form was a release of future claims. We didn't sign.
I live in Orange County, CA.
2 Answers from Attorneys
This might be worth pursuing in Small Claims Court. The starting point would be to obtain a self-help law book on California small-claims procedures (Nolo Press, etc.) and see how it's done.
It's not clear from your post whether you were offered prorated rent, how long you had to be out of the apartment, or what you monthly rental rate is.
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