Legal Question in Real Estate Law in California

misleading may be fraud ?

we paid over 2,300 to rent a home 1st month rent and security dep. we lived in the home for 2 weeks with non sufficient keys to house example: security door no key to deadbolt, front door no key to bottom lock, we were locked out a few times. owner and mgmt co refused to change locks or provide keys. 2nd neighbors pit bulls escaped into our yard threating our 3 yr old life at least 2 times, broken plumbing, gas leak,lack of heat, etc. mngt co. moved us to another rental at (our expense) we paid another 455 for prorated rent for the 2 weeks we were there, and our deposit was transfered to the new home, the owner stated his agent wont pay him as he didnt comply with the law and the agent has our money should we be entitled to a credit or refund if he didnt comply with the law and he is not been given our money? the new house has defects as well and no response whats our recourse without going through rent / deduct or eviction ? thank you :)


Asked on 2/12/03, 10:12 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: misleading may be fraud ?

Didn't comply with what law? Your posting has at the same time too many and too few facts.

I think you need to sit down with the agent and clarify the issues so you have a complete and clear understanding of the agent's and the owners' positions. This may result in a settlement. If not, re-ask the question.

As a general rule, there is a chance to win a fraud suit if the defendant has misrepresented a material fact, you relied upon the misrepresentation, it was reasonable for you to rely upon it, and monetary harm to you resulted from the false representation. The defendant must have knowingly, or negligently, made the misrepresentation. An innocent mis-statement will not be considered fraudulent in most cases.

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Answered on 2/13/03, 1:48 am


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