Temecula, CA asked in Landlord - Tenant for California

Q: landlord has sold the house im living in and hasnt given me a 60 day notice and is telling me i have to go and much more

the ac is broken and he said he wont fix it. they are being complete jerks to me and my family. this covid crap has made things extremely difficult . i need help.

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Very sorry to hear that you are experiencing these problems. Temecula is a real hot spot so no AC is really a problem. You can fight them but you will risk getting an unlawful detainer complaint filed against you and have to defend that. If you have been there more than a year, you are entitled to the 60 day notice plus a moving allowance equal to 30 day's rent. If your LL is being a jerk there is little that you can expect him to do up front. IMO, your best course of action is to take your licks and move out then turn around and sue him for rent abatement during the August/ September heat waves for no AC for 75% of the rent, your security deposit (and if he withholds it improperly or fails to notify you of your right to a pre move out inspection IN WRITING), AND your moving allowance, in Small Claims, you can come out a bigger winner than you will be by going through the frustration of trying to make him do what the law requires, when he obviously won't. Right now you need to photograph the premises and the defects in it. You can sue the new owner as well, if you really want to mess with him tell his realtor and everyone that comes to see the property that there is going to be a lawsuit running with the property. Best of luck.

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Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: If you live in California, he has to wait until December to initiate a lawsuit for eviction. The letter for 60 days is just to scare you. It seems that you may have some problems with the living conditions. If you have proof that you told the Landlord of these problems and LL did not fix anything and you had medical expenses as a result of LL’s negligence, I suggest you talk to a tenant attorney to discuss your case. Best of luck.

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