Legal Question in Real Estate Law in California
Landlord Question
My Fiance and I applied for an apartment in Van Nuys, CA. The landlord made us pay her $35.00 per credit check plus $100.00 to ''hold the apt''. Once she ran the reports she called me, basically yelling at me that my credit was not so good or ''terrible'' in her words and that shes going to turn us down because she tried to call my work and no one answered then she tried to call my old landlord and no one answered. I tried to get her the necessary information but all she kept saying is ''well your credits bad and since the phone numbers are not answering, I think there is something shady going on''. She basically treated me like dirt and tried to hold the apt over my head like she was dangling a bone in front on a dog. Then she went as far as to change the amount of the rent and tell us the only way we can get in now is to pay triple what we discussed before the credit check.Can we sue her for harrassment?
2 Answers from Attorneys
Re: Landlord Question
If you think it's fun dealing with her now, wait until you move in! Take her to small claims court for the $135, and extra for the Fair Credit Reporting Act violation.
Re: Landlord Question
You're not being harassed. Harassment has a very specific meaning in California law, and even if the landlord was rude, its not harassment. The landlord doesn't have to rent to you if she feels that, based upon her investigation, you are not a good risk. Absent some contributing factor (something to the effect that stated that she doesn't rent to people of color, etc...), you don't even have grounds to pursue her for discrimination. So long as she can hang her hat on your having bad credit, there isn't much you can do. As for tripling the rent, she can charge whatever she wants for rent, and you can only "vote with your feet" as to whether you think that's fair or not. If she's not treating you fairly, then walk away. That being said, she must return both your $100 plus the credit report fee - demand it in writing if she balks so you can pursue her in small claims court. As for Mr. Stone's suggestion that you sue her for a Fair Credit Reporting Act violation, I don't see where you have a claim under that act either, as only creditors reporting to agencies and agencies generally have liability there under.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
