Q: Can a landlord refuse hardship one time last payment from social services. I rent a room in her home.
She is also trying to gouge me on floor repair for her own mini fridge motor failing in middle of night.
A:
Under California law, a landlord is generally required to accept rent payments from social services, especially if it's to prevent eviction. The refusal to accept a one-time hardship payment can be seen as a violation of tenant rights. If you have documentation proving that the payment was offered, you can present this evidence if the matter goes to court.
Regarding the floor repair, the responsibility for damages caused by the landlord's appliances typically falls on the landlord. If the mini fridge motor failed and caused the damage, you should not be held liable for the repairs. Make sure to document the incident and communicate with your landlord in writing.
If your landlord continues to demand payment for the floor repair or refuses the hardship payment, you may need to seek legal advice. Understanding your rights can help you address these issues effectively and ensure you are not unfairly charged.
A:
Thank you for your question!
1. Wrongful refusal of acceptance of rent:
The landlord should accept the payment before the expiration of the notice (if any was given) unless there are other valid grounds for eviction (e.g., Beach of a covenant in the lease agreement).
2. The landlord is obliged to maintain the property subject to wear and tear. If the refrigerator stops working because of regular usage by the tenants, the landlord must pay for the repair. This is subject to timely notice from the tenant to the landlord. E.g., the refrigerator door could not close properly for weeks, and the tenant did not give timely notice to the landlord for repair.
Note: If the refrigerator got broken because of the Tenant's improper use (e.g., keeping the refrigerator door open for long hours to keep the premises cool), the tenant is responsible for the repair.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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