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I suggest you contact Legal Aid or an attorney on Monday to clarify.
I should add that when you said you were "nice enough" to replace the leaking faucet I initially assumed that you had the LL's permission to do so and that you were paying for it because you broke it. Unless you had specific permission from the LL to purchase a replacement fixture then you can't expect him to pay for it. A leaking faucet usually entails replacement of a simple rubber gasket which costs all of a few cents, not a completely new fixture.
And she donated the faucet anyway, since he didn't agree to reimburse her.
You can probably sue the landlord in small claims court for the 10 days rent if he double-collected. You need to decide if that amount of money is worth your time and effort, then proceed accordingly. The faucet was a gift to the landlord, though. Good luck!
Yes, you have a case for the 10 days rent when the landlord got paid by two tenants at the same time. This is a separate issue from breaking the lease, so the domestic violence law isn't really relevant. It's very straightforward that he isn't allowed to collect rent from both of you for the same time. That's all you need to worry about in court.
If it's worth it to you, file in small claims court for the 10 days rent, plus your court fees. You don't need an attorney. I wouldn't ask for money for the faucet. If you just stick to the 10 days rent, the judge will find that fair, in my opinion. I'm just afraid you will look unreasonable if you also ask for the faucet.
What you could do, though, is mention to the judge that you replaced the faucet with your own money to try and be fair to the landlord, as a good will gesture, since you had to break the lease. Say you realize breaking the lease was inconvenient for the landlord, but it still isn't fair for him to collect rent from two tenants at the same time, and you can't afford to just give him that money.
So, your next step is to send him a letter, certified, return receipt, as you have to first ask for your money from him, before you can sue him for it:
Dear Landlord:
Please reimburse me for the 10 days in September (September ____ to ____) in which you collected rent from both me and the new tenant, as this is not allowed by CA law, and is considered "double dipping."
I realize that my having to break my lease was an inconvenience for you, and I did replace the bathroom faucet as a good will gesture, at my own expense, to try and keep our relationship amiable. However, you will be unjustly enriched if you keep my rent for 10 days in September while also collecting rent from the new tenant for those same days. This is not fair, nor is it legal.
Please send the 10 days rent in the amount of $_______________ to my address below by _______________(x date). If I do not receive this amount by then, I will file suit in small claims court for this amount plus my court fees, and any allowable punitive damages.
I hope that you will realize that it is fair to reimburse this money to me, so that we can end this tenancy amiably, and avoid court.
Yes, you have a case for the 10 days rent when the landlord got paid by two tenants at the same time. This is a separate issue from breaking the lease, so the domestic violence law isn't really relevant. It's very straightforward that he isn't allowed to collect rent from both of you for the same time. That's all you need to worry about in court.
If it's worth it to you, file in small claims court for the 10 days rent, plus your court fees. You don't need an attorney. I wouldn't ask for money for the faucet. If you just stick to the 10 days rent, the judge will find that fair, in my opinion. I'm just afraid you will look unreasonable if you also ask for the faucet.
What you could do, though, is mention to the judge that you replaced the faucet with your own money to try and be fair to the landlord, as a good will gesture, since you had to break the lease. Say you realize breaking the lease was inconvenient for the landlord, but it still isn't fair for him to collect rent from two tenants at the same time, and you can't afford to just give him that money.
So, your next step is to send him a letter, certified, return receipt, as you have to first ask for your money from him, before you can sue him for it:
Dear Landlord:
Please reimburse me for the 10 days in September (September ____ to ____) in which you collected rent from both me and the new tenant, as this is not allowed by CA law, and is considered "double dipping."
I realize that my having to break my lease was an inconvenience for you, and I did replace the bathroom faucet as a good will gesture, at my own expense, to try and keep our relationship amiable. However, you will be unjustly enriched if you keep my rent for 10 days in September while also collecting rent from the new tenant for those same days. This is not fair, nor is it legal.
Please send the 10 days rent in the amount of $_______________ to my address below by _______________(x date). If I do not receive this amount by then, I will file suit in small claims court for this amount plus my court fees, and any allowable punitive damages.
I hope that you will realize that it is fair to reimburse this money to me, so that we can end this tenancy amiably, and avoid court.
Sincerely,
You
Completely agree with this and other posts. You have a case for the rent, not for the faucet since you did not provide a written repair request to the landlord during your tenancy. He did not have an opportunity to fix it before you replaced it, so you cannot now ask him to pay for it.
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