A small claims case, really? Not necessarily. As far as negligence, the owner is likely to have liability if the door was negligently installed. it is more likely that it was incorrectly installed than that there is product defect. Meds seems very low at 2000 --- is that just what she had to pay under her insurance ? pain an suffering could be more substantial than the 10k small claims limit, ESP if there are broken bones. talk to a pi lawyer on your area before you go the small claims route
you don't say that you don't know what the problem is, only that she wouldn't tell you what the complaints were. so if you know, you should stop if you can. since you are disabled, it may be that evicting you over your disability could be a discrimination or it could be some sort if violation if the Ada -- just throwing out some thoughts here -- no facts to support any of this. legal analysis is fact driven as always
Right. a week of no ac in hot locale is a breach of the lease/warranty of habitability, so you have no liability for break lease fee.
they have to return deposit or accounting within 21 days ... even if they claim they're applying it to rent or fees
so you bring small claims for deposit or counterclaim if they sue you
probably no rent was owing if it was always uninhabitable
FIrst of all there are great resources online for this question, including my own awesome Avvo guide, "How to Evict a Tenant in California," and the state's landlord/tenant guide. So quick answer here: After the three days run, you need to file an unlawful detainer case with the local court (filing fee $435), have it served on the tenants (process server $50-$100). From the date of service tenants have 5 days to file papers with the court. If they don't take a default, obtain a judgment, have a...
It's not really clear if the electric heater is a legitimate heating unit, or just space heaters that you're using. In any case, the LL has to provide heat in the bedrooms, and it sounds like there is no heat in the bedrooms, just a main heating unit (electrical)? or space heaters.
Write demands on paper, keep copies, sent certified mail. Keep a record of your requests for reasonable accomodation. Maybe they will cover the utility bill, etc. but I believe they need to provide heat in the...
In theory this is a retaliation defense to eviction case. However it is a question of proof. Your complaints were probably oral. If so it is a difficult case. Are there emails, texts, or letters or witnesses ? If so you have a better chance. Similarly, what is the proof of no hot water?
Good answer from Mr. Jaffe. You don't have to have the work done within 21 days, but you did have to provide a written estimate at least. It sounds like you did that. So the question is, as noted, why is it the tenant's responsibility. You don't get to charge for normal wear and tear and you dont get to charge the tenant to put in a new carpet unnecessarily.
I feel like this issue comes up a lot. My position is that while the law requires the landlord to give the notice, your LL may have an out with the written notice in the lease. And if the judge feels the deductions are legit, he's likely to given them to the LL. Was it reasonable to not make the requested repairs given that you had a day to do it? Would they reasonably have taken longer and you couldnt have made any of the repairs? OTOH, there's no harm in asking, but I continue to feel the LL...
Which tenant was given 30 day? The attacker? Or all tenants? Assuming both, someone still has 27 days to go. If everyone is out, then you should put it in writing that the place has been vacated and post and mail to last known address. Wait the statutory time, then rekey.
If it's owned by LLC, sue them both. The burden is on him to show that he did mail something. So dont worry too much about proving a negative. Remember you can claim 200% penalty above the actual deposit that wasn't returned.