Legal Question in Landlord & Tenant Law in California

I recently purchased a condo that is being rented but I will be moving in when lease expires in a month (there is no rent control). As soon as I sent tenants a move-out letter with security deposit info, which was immediately after closing, they told me that appliances did not work and that they complained to previous owners, who did nothing. However, on the estoppels (rental information questionnaire) they indicated there were no complains or disputes with the sellers (written or oral) or anything wrong with the unit. The sellers also did not indicate anything wrong on the real estate transfer disclosure.

Are tenants liable to me (owe me money) for appliances repair or replacement as a result of them misinforming me? Will I be able to deduct cost or repair or replacement from security, or will the answer depend on whether malfunction related to wear and tear vs. misuse? Thanks!!

Asked on 6/28/10, 8:30 pm

1 Answer from Attorneys

If there was nothing wrong with the unit at closing, and things don't work now, it would seem to be the tenants' fault, unless something just happened to wear out between closing and now. It sounds like someone is yanking your chain. If the sellers knew about problems and failed to disclose, they are also responsible.

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Answered on 6/29/10, 12:19 am

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