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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I've recently signed a year lease on a place in Los

Customer Question

Hi, I've recently signed a year lease on a place in Los Angeles that was advertised as being available to move in 6/1/15. We found out 2 days prior, that our application had been accepted. We moved in on 1st June & did the walk-through inspection. Most
of the appliances needed to be fixed, the house was dirty, the mailbox is broken, the doorbell doesn't work, the paint trimming chipped everywhere and the list goes on. We were not able to test a few of the appliances as we had to wait for 5 days for the gas
to be turned on. Upon the gas being turned on, the hot water doesn't work in the kitchen and the gasman made us aware the A/C filter is filthy and needs to be replaced. From my point of view it seems as though the agent is more interested in the selling side
of their company and therefore not putting enough effort in making sure the properties of their rental tenants are in working order. Since we have sent the move in/move out inspection sheet, we received an email with the following issues: 1. We are not allowed
to paint the imitation latex wood trimming (even though it's white underneath). The trimming is already peeling off so it seems ludicrous that they can't re-do it. Also I'm unwilling to accept that patching up the wallpaper trimming with brown paint is satisfactory
repair. 2. The tenant in the other unit in the duplex had a new electric water heater installed, however the landlord bluntly said "the water heater will not be replaced." Consequent to the gas being on and the hot water not working in the kitchen, I feel
we are being unfairly treated. Aside from all the other issues (broken mailbox/dishwasher etc), my questions would be: What are my tenant rights, how do I enforce them without legal action and in a promptly manner and where can I find the full legal definition
of habitable? Also I am aware we didn't do a full inspection before we moved in , however, the fact of the matter is that, by the short legal definition of the term 'habitable' which I have read, they are in violation of a number of tenancy laws so it is a
moot point that they told us we should've done an inspection before we moved in even though the property was advertised for the date we moved. Am I correct in thinking this? It seems logical to me! Additional notes: we paid 2 months rent equivalent security
deposit and 3 months rent upfront. Thank you for your time, it is greatly appreciated! Robbie
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.
Unfortunately, there isn't a shortcut to enforcing your rights.You are entitled to remedies (and here is the best definition of "habitability" and remedies: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml in California).I would recommend calling the LA County Housing Department and reporting the matter - they can sometimes assist - especially with the habitability issues: http://publichealth.lacounty.gov/eh/AreasofInterest/housing.htm.The California Attorney General has a great handbook of your rights as a tenant, together with authorities: http://www.dca.ca.gov/publications/landlordbook/index.shtmlAnd in the event you do have to sue your landlord to enforce your rights, the California Courts have a self help site that has information on the process, as well as all of the forms you will need to file suit (your causes of action would be: breach of contract, fraud in the inducement, breach of the California codes identified in the above resources - depending on the specifics of your rental circumstances, negligence, and premises liability: http://www.courts.ca.gov/selfhelp-smallclaims.htm

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