What to do if I have signed a lease with a property manager and he is refusing to leave the space for us to move into?

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What to do if I have signed a lease with a property manager and he is refusing to leave the space for us to move into?

He refuses to refund the $3400 I have paid him for last months rent. And, because the building needs some slight renovations to be up to code and habitable, the lease states that rent shall be abated until these renovations are made. This property manager had been violent when my roommates and I asked him to leave, and the police were called to the scene. Assault charges were filed against him. I was wondering if there are any loopholes get him removed from the property ASAP for us to move in by next week? I realize it may be an eviction issue and process to be resolved in court.

Asked on June 24, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 11 years ago | Contributor

There is no easy way to resolve your sitation.

First, I would file a civil harrassment protective order request (See CA Code of Civ. Proc. Section 527.6). There are no fees involved.

Second, I would look for a new landlord and forget about living where you were.  Move on.  You don't want this guy as your landlord even if he lets you in.

Third, I would file a small claims case against the landlord and cite three causes of action: (a) breach of contract for failure to tender possession of the leasehold premises and (b) breach of the implied warranty of habitability, and (c) ouster (he won't let you in). 

Once again, there is no quick solution and you will have to wait 30-60 days for your court date. 

Best of luck.



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