Legal Question in Real Estate Law in California
Receipt Requested
Through an administrative decision through the Rent Arbitration Board, I as plaintiff tenant, won for illegal rent increases. Another petition is under review for decreased services. The owners have retaliated and continue to harrass me in violation of the Board's Order. I am the only tenant that has to pay by money order, even though I am a model tenant and pays the rent on time. Each month I give them my rent with a written request for a receipt. Each month they verbally tell me they will never give me a receipt. (1) If I request a receipt in writing, what obligations do the owners have to honor my request? I also filed copies of several letters w/the Board(w/tenants' permission)that the owners wrote to them, mentioning my name in derogatory fashion. (2) Are they liable? My file before the Board reads like a horror book with thorough documentation. I don't have the money to move now, so in the meantime, I stick it out. My civil rights have been grossly violated in every way imaginable.
Thanks for your response.
2 Answers from Attorneys
Re: Receipt Requested
Supplemental reply: I've been reminded that Civil Code section 1499 contains a very general written receipt provision that probably applies to payments of rent:
"A debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation." (Enacted 1872)
Re: Receipt Requested
(1) A tenant is entitled by statute to a receipt for an application fee. Oddly, I could not find any language in the statutes requiring a landlord to give a receipt for a security deposit, or for rent, regardless of the method of payment. This doesn't mean there are no such provisions, but only that after a computer search I didn't find any.
A landlord may require payment in a particular way upon prior written notice to the tenant, unless such a demand would conflict with an express provision of a lease.
(2) The statements in letters to other tenants might be actionable libel. The outcome of a suit would depend upon what was actually said, whether there is a defense such as privilege or truth, and perhaps whether you can show actual damage. Suits for defamation are not very favored by courts these days, and you would need a strong case especially as to harm done to your reputation to have a decent shot at recovering damages sufficient to make a suit worth your while. I suggest you show the letters to, and consult with, an attorney with recent experience in handling defamation cases.
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.
