Q: Can tenant sue landlord for an reimbursement of trash that is in an expired lease which the new lease had corrected?
This concerns an expired lease in Long Beach, California that states that landlord will pay for water and trash. This is an error as sewer is included in the water bill but trash is included in the gas bill in tenant's name. The lease's original intent is that landlord will pay for water and sewer. The error was pointed out by tenant and landlord affirmed verbally that it was an error and that whatever (i.e. trash) that's in the gas bill belongs to the tenant because it's in his name. Can tenant use this error and sue for reimbursement for the error in this lease agreement? Current lease has the correction and tenant did not raise any issue until they left and are now threatening to sue unless they are reimbursed for trash expenses for the period of the expired lease agreement.
A: If the lease said that the landlord will pay for trash, you should be reimbursed for the payments you made. Otherwise, you can sue in small claims court. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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