Legal Question in Business Law in California

Lawyer Natoli: I was too vague in previous post.

The owners of our "seniors complex" moved us (8 units - two married couples the rest singles) to an inferior Apt. while repairs were being done. They sent a generic letter to all and this was written: "You will receive $35 per diem." Nothing else. Further, in a telephone conversation with the Manager a renter was told this was to cover meals. Why should a single person recieve $35 but as a couple we have to share that amount?...Is this discrimination?


Asked on 11/25/13, 12:18 pm

2 Answers from Attorneys

Frank Natoli Natoli-Legal, LLC

I wouldn't say its discrimination. I don't disagree with you, but a better way to put it is $35 per day per household. Unless they are required to do this in the first place you really have no argument. That is, if they are doing this as a courtesy that is one thing, but if you have some written agreement like the lease that requires this you may have a valid claim. Off course, we are not talking about an amount at controversy that will be worth pursuing.

Perhaps consulting a LL/tenant lawyer in your area might not be a bad idea.

All the best,

Frank

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Answered on 11/25/13, 12:25 pm

Mr. Natoli is not quite correct. Under California landlord/tenant law, they ARE obligated to compensate you when your unit becomes uninhabitable for any reason that is not your fault, regardless of whether there is an agreement on the subject. However, that compensation is limited to the diminished value of your unit during repairs, up to the full rent if the unit cannot be inhabited at all, unless the rental agreement or lease provides greater compensation. Per diem is just latin for "daily." The discount or reimbursement is per-unit, per day, regardless of how many people live there. If they move you to an inferior unit they must pay you the difference, per day (per diem) in the rental value of the unit you live in and the one they temporarily move you to. The fact that the on site manager misunderstands what the payment is for does not change their legal obligations and the limits on them. If the $35 is not adequate to cover the fair market value difference, per day, in the rent for your regular unit versus the one they have you in, then they owe you more. If it covers it or more, they are being generous. No matter what, however, the head count of residents does not affect how much they pay.

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Answered on 11/25/13, 12:55 pm


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