Bloomington, CA asked in Landlord - Tenant for California

Q: I moved out for a repair because of water/mold damage. Upon moving back do I have the right to be back to my old lease?

Hello, I’ve lived in an apartment for 18 months went on a vacation for a month, when I came back home I found out the ceiling where the AC collapsed and there was water and mold damage all around.

I told the landlord, I moved to temporary apt while they be working to fix the damage.

It’s been over a month they should finish it soon. The property management said that my claims on the apt vanished and I need to sign on a new lease agreement when moving back.

I’m afraid they will increase the price of the rent because of the investment the landlord put to fix the damage from the leaking. What is my right on the apartment that I moved out of for the repair?

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Your rights are stated in your lease. Most form rental agreements or leases have provisions about leaving during temporary repairs. You should ask to see the new lease to be sure that it is the same as the old lease and that you get an extension credit for the time you were out of the property due to the repairs. IMO your lease has not ended and you should be able to get an apartment on the same terms for the duration of the lease. Then the rent can be increased but there are limits on that as well. If you are not happy with the deal you get, you should contact a local Tenants Rights attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.