RasTheExhorter
New Member
My jurisdiction is: Los Angeles, CA
I'll try to be clear and concise with this... my former landlord failed to remedy (after 60 days of a written notice) multiple repair issues and insect infestation issues that per California law violate the Implied Warranty of Habitability and Health Code. My fiancee and I discovered that California Civil Code offers a tenant a way out of a lease - Code 1942 - for just such violations.
We moved out at the end of this past October, turned in the keys at the requested final walk-thru with a letter stating that we were leaving per Civil Code 1942 - Uninhabitable Conditions. The landlord said that there was no damage to the unit, in fact claimed that it was cleaner than when we moved in and that we would get the entire security deposit back, because he had found a new tenant.
After the allotted 21 Days, the Landlord only gave us 1/2 the security deposit back claiming that we gave him a 30 Day Notice in the middle of October - which we never formally did, just told him at the beginning of October that we needed to move because of health reasons, which was true and can be documented by a doctor -- when we moved out and said that we were responsible for 1/2 month's rent for November. His reasoning was he lost the new tenant (as if that's my problem). It seems to me that if the Landlord was willing to discharge our liability for any rent, then all rent should be discharged, not just 1/2 a month.
I'm planning on taking him to Small Claims court to recover the balance of the Security Deposit, plus 2x per California Civil Code 1950.5(1) and other damages associated with being out of pocket close to $2000
I wanted to know if anyone has any advice for how I should present my case to the Small Claims Judge?
I'll try to be clear and concise with this... my former landlord failed to remedy (after 60 days of a written notice) multiple repair issues and insect infestation issues that per California law violate the Implied Warranty of Habitability and Health Code. My fiancee and I discovered that California Civil Code offers a tenant a way out of a lease - Code 1942 - for just such violations.
We moved out at the end of this past October, turned in the keys at the requested final walk-thru with a letter stating that we were leaving per Civil Code 1942 - Uninhabitable Conditions. The landlord said that there was no damage to the unit, in fact claimed that it was cleaner than when we moved in and that we would get the entire security deposit back, because he had found a new tenant.
After the allotted 21 Days, the Landlord only gave us 1/2 the security deposit back claiming that we gave him a 30 Day Notice in the middle of October - which we never formally did, just told him at the beginning of October that we needed to move because of health reasons, which was true and can be documented by a doctor -- when we moved out and said that we were responsible for 1/2 month's rent for November. His reasoning was he lost the new tenant (as if that's my problem). It seems to me that if the Landlord was willing to discharge our liability for any rent, then all rent should be discharged, not just 1/2 a month.
I'm planning on taking him to Small Claims court to recover the balance of the Security Deposit, plus 2x per California Civil Code 1950.5(1) and other damages associated with being out of pocket close to $2000
I wanted to know if anyone has any advice for how I should present my case to the Small Claims Judge?
