Legal Question in Consumer Law in California

My tenant living in the same apartment for two years tells me he gets headache when in

the apartment and feels better out of the room. He told me has done lots of tests and has a letter from his doctor but does not present one. He has checked the place for mold and carbon monoxide and everything is OK. He wants to leave end of

august without giving 30 days notice and wants last months rent back. My question is: Is he commiting a fraud???


Asked on 8/23/14, 10:08 am

2 Answers from Attorneys

It's only fraud if he makes false representations and you rely on them as true, and you suffer damages. Since it seems you are on to him, you can't then claim you were defrauded. He has no right to break a lease or fail to give 30-days notice to terminate a month to month just because he subjectively has problems with the unit, even if it's honest. Unless there is something objectively wrong with the unit that makes it legally uninhabitable, he has to give proper notice and/or reach expiration of his lease just like anyone else. He is free to move out any time, but he certainly owes you rent already paid, and in addition owes you rent for at least 30 days after he gives you notice he is vacating the premises. You can take that out of the deposit or take him to small claims for it. The only thing limiting his obligation is that if he actually clears out, you have to take commercially reasonable steps to re-rent it as quickly as you can and discount your claim against him by any rent you might manage to collect by moving in a tenant before his 30-days are up.

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Answered on 8/23/14, 10:21 am
Joel Selik www.SelikLaw.com

Ask him for proof there is problems with the apartment. Ask him, in writing, so you have evidence. You may want to contact your rental property insurance.

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Answered on 8/23/14, 10:51 am


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