Legal Question in Landlord & Tenant Law in California

My cousin is having a landlord tenant problem. He lives in a quadplex. The unit next to his vacated and major construction ensued. He has health problems and the stress from the noise and dust brought on seizures. He complained to the worker, but the worker was under pressure to complete the work and did not attempt to accomodate him and the landlord responded that they had every right to work on the unit. At that point, my cousin contacted the city. As it turned out, the proper permits had not been pulled and they were forced to cease work. In retaliation,the landlord then asked him leave. This was towards the end of January. He has been looking for a place and has now found another rental. He did not pay his February rent. The landlord is now demanding February's rent. In addition, she is demanding rent for a garage unit that she has been inhabiting since the end of January. Can she legally collect this rent even though she, in essence, forced him out?


Asked on 2/21/12, 8:11 pm

2 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Check with the city to see if the LL had filed a certificate of occupancy. If not, then she cannot charge rent. Moreover, she has to refund all rent money back to your cousin.

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Answered on 2/22/12, 10:13 am


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