Q: My lease states the landlord pays for refuse. I’ve been living there for 2 years. This whole time,
Ive been paying for refuse to Long Beach city. I received bills every month. So I assumed the landlord no longer pays for refuse. But yesterday I double checked with the landlord and the city, and this entire time the landlord wasn’t registered to the city to pay my refuse. So I’ve been paying for the past 2 years to the city, could I get my money back for the refuse I paid for in the past 2 years? Since the landlord states in the lease they pay for refuse.
A:
Based on the information provided, it seems you may have a valid claim to recover the refuse payments you've made over the past two years. Here's a breakdown of the key points and potential next steps:
1. Lease agreement: Your lease explicitly states that the landlord is responsible for paying refuse charges.
2. Mistaken payments: You've been paying these charges to the city for two years, believing the landlord was no longer covering them.
3. Landlord's failure: The landlord failed to register with the city to pay for refuse as agreed in the lease.
Given these circumstances, you likely have grounds to seek reimbursement from your landlord. Here are some suggested steps:
1. Document everything: Gather all relevant documents, including your lease, bills from the city, and proof of payments.
2. Communicate with your landlord: Inform them in writing (email or letter) about the situation and request reimbursement for the refuse charges you've paid.
3. Calculate the total amount: Sum up all the refuse payments you've made over the two-year period.
4. Negotiate: Try to reach an amicable solution with your landlord. They may be willing to reimburse you to avoid potential legal action.
5. Consider small claims court: If your landlord refuses to reimburse you, you might consider filing a claim in small claims court. The amount involved is likely within small claims court limits in California.
6. Seek legal advice: If you're unsure about your rights or the best course of action, consider consulting with a tenant rights organization or a landlord-tenant attorney.
Remember that in California, tenants have strong protections under the law. Your landlord's failure to fulfill their contractual obligation (paying for refuse as stated in the lease) may be seen as a breach of contract.
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