Legal Question in Real Estate Law in California
I lived in a shithole of a room in the Lower Haight in San Francisco, and one day, I walked into the room with the a huge chunk of the ceiling collapsed on the floor. There was broken plaster everywhere, including dust and whatever dirt that roomed on the floor together with the ceiling disaster. I called my landlord and he didn't make any effort to give me a timeline as to when he will get it fixed and where I would stay in the mean time. As I stayed in the room, there was also dust and I fell ill for two days. That weekend, I hadn't heard anything from the landlord and since it was the end of my monthly rent cycle, I decided to look for a new place and moved in temporarily with my boyfriend. I proceeded to email my landlord and let him know that that the conditions of the place were less than satisfactory and coupled with the current ceiling situation, I decided to move out (it was also because the landlord had wanted me to bunk in another room in the house, which was dirty and damaged by the last tenant). I asked him for my security deposit, but I did not hear from him. I proceeded to email him again after and he told me that I did not give him 30 days notice and that the security deposit was the final month's rent.
But I had already paid the final month's rent and my move coincided with the final day of the month. My question is, if I do sue my landlord, am I able to claim my security deposit, as well as inhabitable conditions and irresponsibility on the part of the landlord? What is my recourse?
1 Answer from Attorneys
You can sue your landlord in small claims court. If you have a dispute with your landlord about the condition of your room/apartment, you should photograph the damage and send a return/receipt/request letter to your landlord describing your grievances with the apartment's condition.
You should definitely consult with an experienced landlord-tenant attorney. If you cannot afford one, you can receive free legal assistance through
http://www.sfbar.org/volunteer/index.aspx
Your landlord should provide a written explanation as to why he has not returned the security deposit. Regardless of the dismal condition of the room in the Lower Haight, do not use the term "Shithole" in any of your pleadings or correspondence.
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