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Breach of contract by landlord

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dvanderb

Junior Member
What is the name of your state?
California
City: Soquel (Santa Cruz County)

So.. My housemate and I signed a 1 year lease on March 18th, 2005. The lease was arbitrated by a property manager, but the landlord is an individual. We got a call from the property manager yesterday(sort of a courtesy call, since they say the letter is in the mail) that we have 30 days to move since it turned out to be an illegal dwelling. The county inspector was here like two weeks ago so I buy that, but I did ask for documentation on what ordinances were broken. I am planning to write a registered letter to the property manager and landlord, but I am not sure what I am entitled to. Is it reasonable to ask for my rent back due to it not being legal in the first place? I do believe it is reasonable to ask to be relocated at the least. Also, a lawyer has looked at the lease and found nothing in it allowing this, so it is a breach of contract. Any suggestions would be appreciated.
 


south

Senior Member
No you cannot get rent money back for time that you spent living there.

dvanderb said:
What is the name of your state?
California
City: Soquel (Santa Cruz County)

So.. My housemate and I signed a 1 year lease on March 18th, 2005. The lease was arbitrated by a property manager, but the landlord is an individual. We got a call from the property manager yesterday(sort of a courtesy call, since they say the letter is in the mail) that we have 30 days to move since it turned out to be an illegal dwelling. The county inspector was here like two weeks ago so I buy that, but I did ask for documentation on what ordinances were broken. I am planning to write a registered letter to the property manager and landlord, but I am not sure what I am entitled to. Is it reasonable to ask for my rent back due to it not being legal in the first place? I do believe it is reasonable to ask to be relocated at the least. Also, a lawyer has looked at the lease and found nothing in it allowing this, so it is a breach of contract. Any suggestions would be appreciated.
 

BL

Senior Member
It may be possible to be refunded the amount the Tenant paid ( or a pro rated portion ), IF the Law states a LL can not collect rent on an illegal property , or the tenant went without some vital living conditions .

Also check with the code enforcement office , get a copy of the report(s) that cite the property uninhabitable , dates it was uninhabitable,Etc .

Get the code inspectors name , and speak to him/her directly , to see if you can get the details also.
 
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south

Senior Member
Do not hold your breath on that one, do you realize how many illegal units are out there that have been rented for years and years, you cannot get a refund of rent paid for the time you have been living there, the most you could get if you manage to pull it of is some relocation expenses.

Blonde Lebinese said:
It may be possible to be refunded the amount the Tenant paid ( or a pro rated portion ), IF the Law states a LL can not collect rent on an illegal property , or the tenant went without some vital living conditions .

Also check with the code enforcement office , get a copy of the report(s) that cite the property uninhabitable , dates it was uninhabitable,Etc .

Get the code inspectors name , and speak to him/her directly , to see if you can get the details also.
 

Who's Liable?

Senior Member
south said:
Do not hold your breath on that one, do you realize how many illegal units are out there that have been rented for years and years, you cannot get a refund of rent paid for the time you have been living there, the most you could get if you manage to pull it of is some relocation expenses.

True, but in this case the time elapsed is small and thus there is a much better chance that they could get a refund.
 

dvanderb

Junior Member
Ok but what am i entitled to?

Ok.. but besides this.. what am I actually entitled to here. Also another question is if i can withhold rent while resolving the situation? I was advised by a lawyer to withhold rent at least until I get the deposit back.
 

south

Senior Member
You cannot continue living there for free... Your lawyer is ill advising you, you cannot with hold rent to have a deposit returned to you whilst you still live there, you can get your deposit back after you return the unit and keys back to the landlord.

dvanderb said:
Ok.. but besides this.. what am I actually entitled to here. Also another question is if i can withhold rent while resolving the situation? I was advised by a lawyer to withhold rent at least until I get the deposit back.
 

BL

Senior Member
dvanderb said:
Ok.. but besides this.. what am I actually entitled to here. Also another question is if i can withhold rent while resolving the situation? I was advised by a lawyer to withhold rent at least until I get the deposit back.
Sec.1942.5 The California Civil Code provides that if a landlord collects rent for property that is substantially substandard, he/she may be liable for actual damages sustained by the tenant, and special damages of up to one thousand dollars.


Again If the place has been deemed unihabitable , seek restitution with small claims Court .

You can not continue to live there , so do not pay rent on that property .
Use it for a New Rental Unit .
 

south

Senior Member
Tenant did not suffer whilst living there the most they could get is relocation costs.

Blonde Lebinese said:
Sec.1942.5 The California Civil Code provides that if a landlord collects rent for property that is substantially substandard, he/she may be liable for actual damages sustained by the tenant, and special damages of up to one thousand dollars.


Again If the place has been deemed unihabitable , seek restitution with small claims Court .

You can not continue to live there , so do not pay rent on that property .
Use it for a New Rental Unit .
 

BL

Senior Member
south said:
Tenant did not suffer whilst living there the most they could get is relocation costs.

No security Deposit ? no Damages amount If the Landlord knew the Place was uninhabitable but Collected rent ?

While your theory holds up on Habitable Property , it does NOT under uninhabitable Properties .

The Tenant has suffered damages , as the LL continued collecting rent illegally .


Or what good it the statute I cited ?
 
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south

Senior Member
You are escalating the OP's original post, obviously the unit was not bad even the tenant asked what ordinances were broken, so the unit could not have had any poor visual problems other wise the tenant would have started his post of by bitching about the poor conditions and problems which he did not mention.

And obviously the deposit is returnable

The tenant has not suffered any hardship in the standard of living whilst in the unit other than being told to move.

I knew of a neighbor that had converted a 4 car garage into a beautiful two floor living unit, the city made him kick the tenant out and turn it back into a garage, this does not mean the tenant was living in poor conditions, and no the tenant was not entitled to all his rent money back.



Blonde Lebinese said:
No security Deposit ? no Damages amount If the Landlord knew the Place was uninhabitable but Collected rent ?

While your theory holds up on Habitable Property , it does NOT under uninhabitable Properties .

The Tenant has suffered damages , as the LL continued collecting rent illegally .


Or what good it the statute I cited ?
 
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orangeqtd

Junior Member
Breach of Contract by Landlord

I stopped paying rent because my landlord did not fix something. He ended up taking me to court and I lost. The Judge told me "NEVER stop paying your rent." When it goes to court you can always get your money back but if you stop paying rent, you default on your agreement no matter what the landlord does.

So don't stop paying your rent! It will end up costing you more like for atty fees and court costs.
 

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