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Honestly, I don't think you have much recourse since you're living in a unit that for half of your tenancy-- 4 years!!!-- has had water leakage issues. I would've insisted myself on moving long ago, as soon as they figured out they hadn't a clue how to fix it. Those are not acceptable living conditions in a first-world country. They probably want to be able to figure it out without a tenant in residence, and this makes sense as it sounds like even invasive attempts haven't worked and they might need to really tear into it. And look at it from their point of view-- at any minute you could go complaining to anyone who could give them trouble that look at the situation they make you live in, etc. They could be making you move for CYA purposes, and I don't blame them.
This isn't about whether you're a good tenant, clean, etc.; they're not dropping you as a tenant, they're merely moving you from one apartment to another. This is about a subpar unit that finally needs to be fixed, for good. I don't think you have a leg to stand on, on this front. Give that part up.
As to your other points: no, they shouldn't make you pay for the move. I don't care if it's to the next apartment, to the next building, or across the country.
As far as which other units are available-- is the one they want to move you into comparable to yours? That is, would the others they have available cost more, hence why they're pushing you toward this one? If you suspect there are more available and they're not telling you so, you could always have a friend call as if interested, ask what is available and the prices, and figure it out from there. Or, you could ask them outright, as you don't say you have done this. "I see from the website that X unit is available; could I move into that one?"
Whether someone was evicted for drugs from the new unit is neither here nor there. If you're that concerned, contact the local police department and see if they have records of calls to your building, including whether there was something like a meth lab found there (I assume that's your concern, that there may have been a lab and they didn't clean the unit properly and now are trying to put you in a possibly contaminated unit).
It's a one bedroom apartment which means it has one bathroom. They are about to tear the plumbing up and probably remove the floor. So, what are you planning on using for a bathroom for a couple of weeks while they redo the plumbing?
They are giving you another apartment instead of just kicking you out... which is what they are going to do if you choose to not accept the offer of a replacement apartment. You do not have to accept the offer of the replacement. You have the option of packing up your stuff and finding a different apartment building with a different management company.
Cost of moving is always the responsibility of the tenant.
I would not agree to pay to relocate myself. They knew they'd have to do maintenance on your unit, yet they signed a 9 month agreement with you.
So, they have a responsibility to provide you with a unit for the next 9 months.
There may be a clause that says if the unit is found to be uninhabitable that the lease is then considered to be terminated. But, if it was me, and they tried to pull that on me, I'd take them to small claims court and tell the judge they knew there was a problem, yet they had me sign a 9 month lease, so it's on them to provide me with acceptable housing for the next 9 months, and if that means moving me to another unit, that's on them to pay for, as far as relocating me.
So, if I was you, I'd ignore them completely at this point. Make them write something legal demanding you move out. Then, respond with - sure, but since you just signed a 9 month lease agreeing to provide me with decent housing, relocating me is on you.
And, in most jurisdictions, if a unit is found to be uninhabitable, the landlord usually has to pay relocation costs for the tenant. So, you could bring that up, too.
Just fight them, is my advice. Be a pain in the rear. Tell them if they try to evict you or sue you, you'll counter-sue. And when you win, they will also have to pay your attorney's fees.
If I was you, though, I'd be looking for somewhere else to move. So, when you get them to agree to just let you out of your new lease agreement because your unit is uninhabitable or they want to renovate it or whatever, you can get them to let your out of your agreement without owing them anything and be sure and force them to give you your full deposit back, too. But, you'll then have to move, so be sure you have money to do that.
Good luck.
But, ignore anyone here who says you have to take this lying down. I used to manage 25 units in Silicon Valley. I'm now a renter and I don't take any of this kind of crap lying down. Know your rights - knowledge is power.
And, also realize when you have power. If they want you to move - then you have power to negotiate that.
Question: "As far as which other units are available-- is the one they want to move you into comparable to yours?"
I have not seen it as it is being repaired. She told me she would contact me when it is. But, as usual, nothing. However, they leave the patio door open so I went in and it's the same as mine except all tile and new paint job. If they would make the place look BRAND NEW I would not feel that bad. I mean EVERYTHING brand new...not going to happen! Can you image how a drug dealing pimp lived? Took pride in his home?
Question: "That is, would the others they have available cost more, hence why they're pushing you toward this one?"
Think so. They have raised everybody's rent because of external renovations (painted buildings, gated, plumbing and renovated laundry facilities) but mine, at least, for the next 9 months remains the same. So, every other unit would cost more. Do not know why as it's identical in terms of dimensions. Let's put it this way, another unit under repair is next to the pool. I have been there many times and it's exactly the same as mine but she said it's by the pool so would cost more. Yet the previous occupants paid the same rent as me. It's politics or just plain lies. That's just how I feel and many others feel about the new Office people.
Question: Or, you could ask them outright, as you don't say you have done this. "I see from the website that X unit is available; could I move into that one?"
I asked about other units, but as I answered above, her answer is, "It would cost more." Let me premise this with I do not trust that answer. I did not mention the online availability.
About the previous tenant, I do not care about whatever he did...none of my business. I just do not want people knocking on my door thinking that he still resides there. I'm sure you know what I mean.
Your first and second paragraph is just about spot on as I rationalized before on what you wrote. Damn I wish I had not said anything and just live with the bathroom issue.
So, you and Mr.Rational think that calling the local news channels, city housing dept.,Pro Bono lawyer, contacting the BBB or taking the complex to court will not force them to allow me to remain in this unit? What about calling the Management Company (corporate)?
About your and Mr.Rational's point about they should pay for the moving expense. How should I proceed to make them pay?
Should I just wait until I hear from her. Maybe, she will just forget about it and leave me be; she has done that before on other concerns. Is that prudent or just wishful thinking?
It's a one bedroom apartment which means it has one bathroom. They are about to tear the plumbing up and probably remove the floor. So, what are you planning on using for a bathroom for a couple of weeks while they redo the plumbing?
They are giving you another apartment instead of just kicking you out... which is what they are going to do if you choose to not accept the offer of a replacement apartment. You do not have to accept the offer of the replacement. You have the option of packing up your stuff and finding a different apartment building with a different management company.
Cost of moving is always the responsibility of the tenant.
So you are saying they DO have the legal right to evict me when I have not done anything wrong except complain about the water issue? What do you mean "Cost of moving is always the responsibility of the tenant."? MrRational and K12144 are saying that the relocation cost should be paid by the complex.
Thanks NoMoreSnowForMe. Everyone, I appreciate your advice. Thanks. However, before I joined this board, my attitude was exactly what NMSFM wrote. I was going to take them to court if I have too. I would just get a Pro Bono lawyer from Legal Aid Center of Southern Nevada or from UNLV's school of law. I have their listing and numbers.
I will just sit back and see what they do. No one has contacted me about when can I see the new unit I am supposed to relocate to (as promised) or anything else for that matter. What was discussed a week ago was I was to move into the other unit Feb. 1. That's just about a week from now.
The unit to me, is not uninhabitable. I can live with the occasional water leaks as all it takes is paper towels and just absorb the water and squeeze into the toilet and repeat until the water has been cleared. Then just wet swifter the floor. 15 minutes tops. Just a frame of mind by now.
Eventually, if the complex is not sold in 9 months, I guess I will have no recourse but to look for another place as I doubt they will renew my lease. In 8 yrs. there have been 3 owners and countless PM's, maintenance people and rental agents.
Confused and Dazed,
Robert
Last edited by Roberteyewhy; 01-23-2019 at 08:48 PM..
It's a one bedroom apartment which means it has one bathroom. They are about to tear the plumbing up and probably remove the floor. So, what are you planning on using for a bathroom for a couple of weeks while they redo the plumbing?
They are giving you another apartment instead of just kicking you out... which is what they are going to do if you choose to not accept the offer of a replacement apartment. You do not have to accept the offer of the replacement. You have the option of packing up your stuff and finding a different apartment building with a different management company.
Cost of moving is always the responsibility of the tenant.
I can find a cheap place for a couple of weeks. But, I know these people. It's not going to be a couple of weeks but months. The unit across me has been under renovation for at least 6 months with nobody working on it.
That other replacement will not look the same as mine does even if they are renovating it. Again, I know how they do business. No attention to detail or pride in their work.
Since there are other units available, you'd think they would be able to get you into one that is clean as yours is.
They may want you to leave because of health dept regs since they can't fix the bathroom leak. Someone may have run a test and found something that is not okay to be there. They may know they need to jackhammer something or other to make the repair. There may be a leak they found in another unit once they started getting into it all.
I don't understand why you have to pay a relo fee. How is it costing them for you to relocate so that they need to charge you for that?
Is there a landlord/tenant group that advocates or gives helpful info in your area? See if this is up-to-date re landlord tenant stuff and the Vegas Legal Justice office: https://www.lacsn.org/practice-areas...andlord-tenant
Yes you need to move so they can Fix it Before it does More Damage. Its a Safety as well as a Health issue To YOU & Those Neighbors you say you care about!
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