Tenant Suing Landlord

Dominic

DA
Staff member
A friend recently received this letter. The tenants moved out 3 months ago, and never complained about their living conditions all the years they lived there.
Any thoughts?IMG_3746.jpg
 
When a property is not habitable, the best thing for the tenant to do usually is withhold rent until all repairs are made. A landlord is not entitled to rent for an uninhabitable unit. I doubt a renter has enough scratch laying around to litigate this properly; proving notice and how long the unit wasn’t habitable, back rent, damages etc. When I worked at East Bay Community Law Center EBCLC many years ago, we were advised to tell clients to withhold rent because it almost impossible to get rent refunded later.
 
Pictures and proof that they notified the landlord will be important. Also records from the landlord on property repairs can show that they kept up with the necessary repairs. I always tell my tenants to notify me of water damage or water leaks immediately. Stay away from buying 2 story homes for rentals, too many plumbing and AC issues happen with 2 story properties.
 
This looks like a shakedown I have seen in commercial real estate. Disabled lawyer drives up and down the street and into each parking lot. Any building owner who does not have their parking lot up to current code gets a letter explaining they are not in compliance and a threat of litigation, OR you can pay the attorney a fee and agree to bring the parking lot up to code to avoid litigation. Building owner I knew decided to have his attorney fight it. In the end it would have been cheaper to pay the fee and make the repairs (repairs need to be made anyway), and he paid the fee to the other attorney.

My recommendation would be to get photos of the property immediately. Hire a property inspector to come out and go through the property to document any issues, or hopefully the lack of any issues. This will most likely not be covered by insurance, but get the claim turned into the carrier. Then he needs to decide if he wants to get out with the lowest cost or fight on principle; fighting will most likely cost a lot more.

Look up the attorney's information, if they specialize in this type of work, then they will know the system and how to use it to their benefit. The system is not designed to protect property owners, business owners, or anyone with assets in California.
 
This looks like a shakedown I have seen in commercial real estate. Disabled lawyer drives up and down the street and into each parking lot. Any building owner who does not have their parking lot up to current code gets a letter explaining they are not in compliance and a threat of litigation, OR you can pay the attorney a fee and agree to bring the parking lot up to code to avoid litigation. Building owner I knew decided to have his attorney fight it. In the end it would have been cheaper to pay the fee and make the repairs (repairs need to be made anyway), and he paid the fee to the other attorney.

My recommendation would be to get photos of the property immediately. Hire a property inspector to come out and go through the property to document any issues, or hopefully the lack of any issues. This will most likely not be covered by insurance, but get the claim turned into the carrier. Then he needs to decide if he wants to get out with the lowest cost or fight on principle; fighting will most likely cost a lot more.

Look up the attorney's information, if they specialize in this type of work, then they will know the system and how to use it to their benefit. The system is not designed to protect property owners, business owners, or anyone with assets in California.
I got a few PMs from attorneys telling me to be careful and watch out what I say on da forum back a few years ago and they said it's easy to find out where one lives and goes to school. Crazy assholes out there, especially the attorneys who think they smart. No, they dumb dumbs, just watch dd of GK. I actually had so many PMs warning me to STFU about this and that and more of this. I had people actually PM me this shit, can you believe that.
 
Thanks for the replies. The house was recently painted inside, so no mold damage can be seen now or the sink in question. The landlord had no idea they would be sued 3 months after the tenant left so no pics were taken. There is no documentation of complaints from the tenant regarding living conditions. Is an answer to this letter needed ASAP? Or can the landlord wait for a court summons? Would it be better to fire back a rebuttal letter now? Retain an attorney asap?

Thanks
Dominic
 
Thanks for the replies. The house was recently painted inside, so no mold damage can be seen now or the sink in question. The landlord had no idea they would be sued 3 months after the tenant left so no pics were taken. There is no documentation of complaints from the tenant regarding living conditions. Is an answer to this letter needed ASAP? Or can the landlord wait for a court summons? Would it be better to fire back a rebuttal letter now? Retain an attorney asap?

Thanks
Dominic

What is in Exhibit A?
 
They lived there quite a long time with no complaints. I’m assuming. What they see as uninhabitable was questionable. It’s subjective. It feel likes it’s probably not, but possibly not great. I’d get a lawyer as that letter provides very little detail and evidence on the renters part to say the property was uninhabitable. With that long of a stay it may have needed work, but not what there claiming.
 
@Dominic - your friend should consult with a lawyer. There are a number of lawyers on this board and I’m guessing that none of us would feel comfortable advising your friend based on what you shared here (beyond a couple of basics). And given that rules governing landlord-tenant relationships are highly local, your friend will want someone familiar with the locality whose rules apply to the specific property
 
Update: Summons for LA county Courthouse has been served to the property owner. Tenants lived in the rental for 10 years, and after moving out claim health issues due to mold and no ventilation. No pictures were taken by landlord after tenants moved out, and no written complaints given to landlord. Tenants lawyer specializes in these type of cases.
Anyone know of a lawyer that would be willing to take this case?

Thanks,
Dominic
 
The property owner should turn it over to his property insurance company. Polices for investment properties typically have coverage for this type of stuff.
 
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