Legal Question in Real Estate Law in California
Before moving in to an apartment I agreed to pay a portion ($500) for the installation of laminated floor. I have a disabled child and unfortunatelly by the the third week of living in the new place I had to move out because the neighbor complained every single minute of the day about my child making noise. I asked the landlord to refund me the $500 of the floor. She said no, to consider that my loss. A week after I moved out she immediately rented the place. Can I take her to court for this?? Please help me with your advice. Thank you
1 Answer from Attorneys
Sure, you can take the landlady to small claims court, but whether you'll win is another question. Your claim to a refund will sound like asking for a bonus for breaking a lease. That is not likely to win over a judge. (I assume you had a lease, because I can't imagine anyone contributing $500 to an improvement where the rental was month-to-month.)
If you had negotiated a refund or partial refund if you stayed less than a certain length of time, that would be a different matter. Another way to have handled this would be to agree to pay an extra $50 a month for the first ten months. As things stand, I don't see any legal theory on which you are entitled to a refund. An investment in a tenant improvement is not a form of security deposit.
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