Sacramento, CA asked in Consumer Law and Small Claims for California

Q: I'm renting an apartment in California, my first night here I locked the front door and couldn't get out.

I had to jump from a second story balcony, I asked for repairs with no luck, I contacted the CEO of the property, still no luck. After almost seven months and calling Code Enforcement I recieved results. Three disabled people, one is a foot amputee, am I entitled to a percentage of my rent back?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear you experienced such problems with this rental. Under the Law, the property owner is obligated to provide you with a property that is habitable. It would seem a reasonable argument that if you cannot use the front door for ingress and egress, this is not a habitable premises because if there were a fire, you would be trapped inside. No one can give you a definitive answer whether you get your rent returned, or a percentage, or what percent, until after all the facts are in. So Typical Attorney answer: It Depends.

It depends on what you ask for.

It depends on how much your rent was.

It depends on what exactly was wrong with the door.

It depends on the evidence you present about your reasonable attempts to get this problem remedied.

It depends on how long the LL let this situation remain without repair.

It depends on how well the Judge slept the night before, or if he had a fight with his spouse.

In California, Small Claims jurisdiction is up to $10,000.00. From what you have said, I cannot see any reason that you should not resort to Small Claims and request the Court determine that for a period of time, the property was uninhabitable and you are entitled to damages and rent abatement. (if you hired someone to fix it you are entitled to recover that) The Court can allow you to proceed with a waiver of fees if you qualify, including having the Sheriff serve the papers on the landlord.

ALL OPINIONS HEREIN ARE BASED ON THE FACTS IN THE QUESTION WITHOUT INDEPENDENT INVESTIGATION. DO NOT RELY ON FREE LEGAL ADVICE YOU RECEIVE FROM A PUBLIC FORUM. CONTACT AN ATTORNEY OF YOUR CHOOSING IN YOUR AREA TO PROTECT YOUR IMPORTANT PERSONAL RIGHTS.

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