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Old 02-25-2008, 02:15 PM
 
1 posts, read 2,797 times
Reputation: 10

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We were renting a place once we sold our home back in Mid June 2006 until Mid Feb 2008. We were renting on a month to month basis. We were the 1st renters in the new complex. The complex was pretty nice until other renters came. The landlord had placed new rules on the duplexes were we rented like, no smoking marijuania, no bar-b-q's w/o landlord permission, no hanging outside duplex after 10pm, no loud noise and such. I totally agree with ALL of these things, since we had never participated in any of these things. But, there were several other tenants who did and then a shooting which occurred in the early afternoon (around 1pm) and no one did anything to ensure proper safety for the tenants, so we decided to move out ASAP. Wr already gave our 30 day notice over the phone and we were told by the wife to call the husband and each time he never returned our calls. Also, my husband ran into the wife at the bank and made sure that she knew we gave our 30 day notice again. We have 4 small children. We were not going to be putting their lives in jeopardy. We did not pay the last month's rent, which was February 2008, due to a deposit we had on file. Also, when we moved in there were things that were not correct, such as dishwasher not screwed to counter only pushed in, we had to sweep and mop all the inside and wipe out all the cabinets due to saw dust left behind from the carpenters. We did list these things on our rental agreement. What rights do we have?
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Old 02-25-2008, 02:36 PM
 
1,297 posts, read 5,034,571 times
Reputation: 565
You need to send that notice via certified mail so that you have proof of notice. If you end up in small claims court, your verbal notice will really have no merit. You may need to pay rent current and start this process over as it sounds like they are not honoring your verbal notice and, again, "verbal" is worthless in court.

Also, I would suggest you indicate the reasons why you are moving. If the incident was random, its not really the owners fault. It also sounds as if he has taken steps to try and provide a safe environment. There really is only so much they can do.

When you leave your unit, make sure its in as good or better condition than when you moved in, if you want your deposit back. Also, last thing you move out is the vacum machine after your have vacumed,dusted, and wiped down the entire unit. Take pictures of the empty unit and try and get a shot of the owner/manager in a picture. If you have damaged anything, patch it up and touch it up before you take the manager through and photograh.

Cleaning up dust is nothing. I wouldnt mention it because it sounds odd.
I know its difficult to understand, but its not a perfect world sometimes you have to pull out a drill and throw a few screws into the wall, glue something, clean and make minor repairs. Your renting but it is your home. A few hours will secure the return of your deposit.
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Old 02-25-2008, 02:38 PM
 
26,591 posts, read 52,334,622 times
Reputation: 20438
I'm not sure what you mean by your question, "What rights do we have?"

Most month to month Rental Agreements only require 30 days notice to end the Rental Agreement.

Not putting your 30 Day Notice in writing is a mistake that may come back on you... I would have put it in writing and mailed it certified mail... The problem now is you have made it very easy for the Owner to claim he never received notice and the burden is on you to prove it.

Also, just about every Lease/Rental Agreement requires Notices to be in writing... it is for the protection of Both Parties.

Not paying your last month's rent is not within your Rights as described and the Owner is within his Rights to begin an Unlawful Detainer Action against you.

Last edited by Ultrarunner; 02-26-2008 at 12:38 AM.. Reason: grammer
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Old 02-25-2008, 02:51 PM
 
Location: RSM
5,113 posts, read 17,468,051 times
Reputation: 1892
put it in writing, photocopy it, send it certified mail.. verbal sucks unfortunately.
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Old 02-25-2008, 02:56 PM
 
Location: West LA
723 posts, read 2,778,043 times
Reputation: 294
UR: Are you a lawyer?
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Old 02-25-2008, 03:14 PM
 
Location: San DiFrangeles, Ca
489 posts, read 1,762,289 times
Reputation: 255
Quote:
Originally Posted by Needful View Post
What rights do we have?
California Tenant & Landlord Rights Booklet This link will provide you with the rights the state of California offers to both tenants and landlords.
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Old 02-25-2008, 05:42 PM
 
26,591 posts, read 52,334,622 times
Reputation: 20438
Quote:
Originally Posted by JackSparrow View Post
UR: Are you a lawyer?
No, not a lawyer although I am a California State Department of Consumer Affairs Arbitrator with 25 years experience in ADR process and grew up in a family of Real Estate Brokers...

I can't count how many times parties will come to a hearing, present Oral arguments without a paper trail back-up.

Not always the case, but, generally the better prepared party is the side that prevails...
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Old 02-25-2008, 07:02 PM
 
493 posts, read 475,976 times
Reputation: 77
Quote:
Originally Posted by Needful View Post
We were renting a place once we sold our home back in Mid June 2006 until Mid Feb 2008. We were renting on a month to month basis. We were the 1st renters in the new complex. The complex was pretty nice until other renters came. The landlord had placed new rules on the duplexes were we rented like, no smoking marijuania, no bar-b-q's w/o landlord permission, no hanging outside duplex after 10pm, no loud noise and such. I totally agree with ALL of these things, since we had never participated in any of these things. But, there were several other tenants who did and then a shooting which occurred in the early afternoon (around 1pm) and no one did anything to ensure proper safety for the tenants, so we decided to move out ASAP. Wr already gave our 30 day notice over the phone and we were told by the wife to call the husband and each time he never returned our calls. Also, my husband ran into the wife at the bank and made sure that she knew we gave our 30 day notice again. We have 4 small children. We were not going to be putting their lives in jeopardy. We did not pay the last month's rent, which was February 2008, due to a deposit we had on file. Also, when we moved in there were things that were not correct, such as dishwasher not screwed to counter only pushed in, we had to sweep and mop all the inside and wipe out all the cabinets due to saw dust left behind from the carpenters. We did list these things on our rental agreement. What rights do we have?
I'm just curious where you (the original poster of this thread) live...I'm studying all parts of Los Angeles because I am interested in moving there in the next year
Thank You
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