Banning, CA asked in Landlord - Tenant for California

Q: What can I do if my landlord is attempting to amend a signed lease and threatening to stop water service if I do not

Agree to sign it. She is attempting to raise agreed rate of rent as well as use part of the deposit for a home warranty to make repairs that were needed before my family occupied the residence. She will not provide us with a copy of the signed lease or the mailbox key. I have about 85 pictures showing the state of the residence when we moved in. She accepted the first months rent and double security deposit. My aunt, wife and myself also have texts from her implying that she is doing all of this because she doesnt have "time" to make the repairs. What legal action could I take to stop her intimidation tactics and lack of landlord obligation as well as keep the lease as it was originally signed?

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1 Lawyer Answer
John T. Kontrabecki
John T. Kontrabecki
Answered
  • Landlord Tenant Lawyer
  • San Francisco, CA
  • Licensed in California

A: I am going to give you practical advice on this one, not simply legal advice. A landlord-tenant arrangement is a relationship. To be happy in your home, you need to get along with your landlord. It appears from your question that your landlord has taken a confrontational approach with you and is attempting to retrade the agreement. I would explain to your landlord that you have made an agreement and she can either perform as agreed and return the lease signed or give you your money back.

If she has not returned the lease, my bet is she has not signed it. At best you have a month to month tenancy which can be terminated with 30-days notice. This is not the way to start a new landlord-tenant relationship. It will only lead to further conflict because your landlord has demonstrated through her conduct that she will not perform as agreed.

I do not advise pursuing legal action unless she refuses to perform one of the two options I have presented above. Then I would send a notice of recession and attempt to recover you first months rent and security deposit.

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