Legal Question in Real Estate Law in California

I have a letter from my property manager asking me to pay over $1,000 in "damages by the tenant" that the landlord fixed to bring the apartment up to code. This happened after I suffered for almost a year with a rat infestation that required intervention by the health department, who then suggested I report the owner to the Housing authorities for broken items, windows, torn and chewed up (by rats) carpet and missing floor tile, peeling paint and substandard wiring. Landlord is now trying to recover costs for things like missing face places on light sockets, broken windows (where the sill was actually coming apart from lack of maintenance) replacing a toilet (due to cracked tank cover). Here are the particulars. 1. I , nor anyone else currently in residence in the house is an original lease signor, however I have lived here for over 5 years (the first year my ex husband lived here) and have paid rent IN MY NAME FOR all that time, 2. I have never seen a lease until last month, 3. There is no "walkthru" "pictures" or "inventory" in the lease other than "not new kitchen tile, not new carpet and new mini blinds" none of which I am being charged for. 4. there is a pending deposit from the previous tenants (my ex and my adult son). 5. We (myself, my new husband and a different adult son) were just recently added to the lease under a "change of tenancy", however we have never signed a lease and have never had a "walk thru" with the owner. 6. 4 plex is located in Los angeles under rent control. My question is...I dont' want to pay this bill, and want to explain this in a response to the owners letter or should I wait and see if he tries to evict me for this bill. Could I be responsible for these items without proof they were here or broken after I moved in? Should I respond to a letter or wait for a notice? They have sent a letter requesting payment arrangements and a followup email.


Asked on 3/02/11, 8:36 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

To be honest with you, this requires a much more thorough review of the facts and copies of the various lease agreements to provide you with any valid advice. I apologize as I know you came to this forum hoping to get an answer, but frankly, it is difficult to advise you as to what your best course of action might be given the myriad facts that may exist beyond what you explained in your post. I would suggest that you contact legal aid in your area - LA rent control ordinance has some interesting rules that may come into play here - in fact, almost certainly come into play here, so you will want to review and discuss them with an attorney in the area who is familiar with the unique laws governing your tenancy. There are some tenant attorneys in LA - I do not have any referrals, but the LA County Bar Association can probably put you in touch with some of the more legitimate attorneys representing tenants in LA County. I do wish you good luck - I would not take any action in response to the letter until such time as you can discuss this with a tenant-rights attorney familiar with LA rent control.

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Answered on 3/03/11, 4:17 pm


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