no certificate of Occupancy on property I rented City demands I vacate owner no longer in charge (La Quinta: rental, credit)

[cheecharoni]

La Quinta CA Jan 25th: rented apt on property w 5 units. 3 under renovation,2 complete w/a doctor n wife (I met) slated to move in other. I have excellent rental history, references, credit. Landlord approved my tenancy night showed apt based on rec letters. He thn offered no security deposit if I paid present rent (Last week Jan plus Feb) then March in advance. But due to mtng after 9PM “Can give u key now but lease in 2 business days.” This seemed reasonable. I thought still wrote 3 separate checks:Last wk Jan, Feb, then March & had him sign record of pymnts. Moved in. I asked @ lease few x over 2 wks. On Feb 15th he presented lease dated “made of 15th Feb, … Tenancy commencing on March 1 2011. I had started tenancy Jan 25. He said lease must reflect my tenancy start as 3-1-11due to his chap 7 BANKRUPCY on his other 4 properties! And no worries “going to b able to keep this property. Remember, I has paid thru 3-31 & moved in. I believe in light of developments coming up….that this may be of BENEFIT TO ME… it is that which I need help with.
On 3-2-11 city building & safety officer informed me property was illegal for human occupancy and that I must vacate my apt immediately. All units had red sign “Danger, This building Unfit for Human Occupancy… anyone found in violation will be… by sheriffs Department… etc etc…” I was stunned. I had 2 clients to meet there that day, I had ALL OF MY WORLD moved there… I was the only occupant still. I was informed property had history of violations from 2007, and had not been issued certificate of habitiablity any time since then. AND landlord had failed final inspection on Jan 18, 2011, before I answered his published ad “apt for rent” and before he took rent for 1-25 2011 through 3-31-2011.

I was forced to a sudden displacement to a (disgusting) price gauged motel due to influx for world famous Indian Wells tennis tournament. I’d had tutoring sessions scheduled that night 2 new students. But unexpectedly I was displaced w no option than a bug infested, dirty towels, loud vomiting drug users & prostitutes motel. I could not see students there. I lost both students at 45/hour. I then had to pay for food and dog kennel for my 2 small elderly dogs as has appointment next AM and cud not leave (nor wud) in rat motel. All this time LL saying he had no idea n wud straightn out. He gave me only 150 dollars. I had to in motel for 8 nites until I facilitated with city to landlord,the purchase, permit install and inspection of that which was needed to grant certify of hapbit. EIGHT days later, temp Cof O was given for JUST two units for 60 days. After return to apt 8 dz later landlord had lost all rights to property and entity after entity came to give me documents as “tenant” declaring them to be in charge and telling me where to send rent. First an attorney for landlord, then a rep of a

La Quinta CA Jan 25th: rented apt on property w 5 units. 3 under renovation,2 complete w/a doctor n wife (I met) slated to move in other. I have excellent rental history, references, credit. Landlord approved my tenancy night showed apt based on rec letters. He thn offered no security deposit if I paid present rent (Last week Jan plus Feb) then March in advance. But due to mtng after 9PM “Can give u key now but lease in 2 business days.” This seemed reasonable. I thought still wrote 3 separate checks:Last wk Jan, Feb, then March & had him sign record of pymnts. Moved in. I asked @ lease few x over 2 wks. On Feb 15th he presented lease dated “made of 15th Feb, … Tenancy commencing on March 1 2011. I had started tenancy Jan 25. He said lease must reflect my tenancy start as 3-1-11due to his chap 7 BANKRUPCY on his other 4 properties! And no worries “going to b able to keep this property. Remember, I has paid thru 3-31 & moved in. I believe in light of developments coming up….that this may be of BENEFIT TO ME… it is that which I need help with.
On 3-2-11 city building & safety officer informed me property was illegal for human occupancy and that I must vacate my apt immediately. All units had red sign “Danger, This building Unfit for Human Occupancy… anyone found in violation will be… by sheriffs Department… etc etc…” I was stunned. I had 2 clients to meet there that day, I had ALL OF MY WORLD moved there… I was the only occupant still. I was informed property had history of violations from 2007, and had not been issued certificate of habitiablity any time since then. AND landlord had failed final inspection on Jan 18, 2011, before I answered his published ad “apt for rent” and before he took rent for 1-25 2011 through 3-31-2011.

I was forced to a sudden displacement to a (disgusting) price gauged motel due to influx for world famous Indian Wells tennis tournament. I’d had tutoring sessions scheduled that night 2 new students. But unexpectedly I was displaced w no option than a bug infested, dirty towels, loud vomiting drug users & prostitutes motel. I could not see students there. I lost both students at $45plus many xpenses.LL saying he had no idea n wud straightn out. He gave me 500 toward 1000 plus in expenses 4 8 nites until landlord excecutedthat which was needed to grant certify of hapbit. EIGHT days later, temp Cof O was given for JUST two units for 60 days. After return to apt landlord had lost all rights to property via bankrupcy. Pool green and foul. Entity after entity came to give me documents as “tenant” declaring them to be in charge and telling me where to send rent. None took over ANY property maintainence. Even refused to allow me to buy chlorine and deduct. Pool lapsed into a state of mosquito infested swill, garbage not picked up, etc. Smell bugs horrific. this went on for another 10 days till 'Trustee' sent someone. IN ALL OF THIS, THE ENTITIES: TRUSTEE, Landlord Attorny HAVE no idea the property was illegal for habitability. Their demands for rent even are dated BEFORE AND after the B&S failed the building. I tried to explain my displacement, losses and etc, but none seem interested in doing ANY research. I put them in touch w city and now city is basically aware that there is no one to comform to the needed changes. I am owed money, I paid rent on a property that landlord knew was illegal, that the trustee solicedted rent from even AFTER failed inspection.... ALL OF MY RENT WAS paid to landlord BEFORE THE DAY OF 3-8-11 when city granted temp certif of habitability, thus, all my rent went toward illegal rental. EVEN THOUGH NOW THE UNIT HAS TEMP CERTIFICATE OF, can I withhold rent for April to recoup some losses due to displacement, costs, and rental payments Jan 25 through March 31 that were not legitimate? As of now, trustee hired a “property management’ co that has done ZERO RE property maintainace. Weeds overgrown, bugs and garbage not picked up. City may cite but ultimately… I am alone trying to pull together a web of years of crap to present to Trustee, property mgmt co, etc who think all is hunky dory and expect my rent check Monday latest. What rights do I have as far as withhold rent. I called Trustee 2x and call wz returned by the lazy rude “property Mgmt” co supervisor (responsible for foul pool). I will NOT PAY RENT, and plan to leave end of April. But I am certain they will give me 3 day notice to pay or quit etc. City building safety provided me with records of all but the bottom line is, I cant get any on trustee/ new mgmt to care, call or cooperate with even the city it seems. ALSO THE landlord has come on property 2x covertly to haul out refrigerators, and stoves pool vacume and etc. He harassed me when I would not allow him access to my unit and would not give me my key. Calls to mgt company were not returned. Help. I have no $ left for attorney.

[bouncethelight]

I am not an expert, and it sounds like you need one.

That said, withholding rent from the new owners just seems like a really bad idea. How is what happened their fault, if they took possession of the property after you were displaced?

Filing suit against your former landlord for your losses would seem to be the proper way to handle it, but since he's declared bankruptcy, that may be like trying to squeeze blood from a turnip.

Sometimes you just lose... It's not fair, but if there's no one to hold responsible?

[Twinkle Toes]

Originally Posted by bouncethelight

I am not an expert, and it sounds like you need one.

That said, withholding rent from the new owners just seems like a really bad idea. How is what happened their fault, if they took possession of the property after you were displaced?

Filing suit against your former landlord for your losses would seem to be the proper way to handle it, but since he's declared bankruptcy, that may be like trying to squeeze blood from a turnip.

Sometimes you just lose... It's not fair, but if there's no one to hold responsible?

Wait ....... you were able to decipher that cryptic and long message?

[Fontucky]

I didn't make it past the first run-on sentence.

[Nayabone]

Another one post wonder...!!

[bouncethelight]

Originally Posted by Twinkle Toes

Wait ....... you were able to decipher that cryptic and long message?

It was my good deed for the day!

And it's not as long as it looks - some of it is repeated twice.

[ferretkona]

Originally Posted by Twinkle Toes

Wait ....... you were able to decipher that cryptic and long message?

I think the technical term is gobbleygook.

[abstravel]

Better yet, go to the California Department of Consumer Affairs (Landlord/Tenant laws) at Landlord/Tenant Book Index - California Department of Consumer Affairs

There is a bunch on info on who to complaint to (State of California), your rights as a tenant, and what the NEW landlord has to do to fix any and all problems. Whether the old landlord is broke or missing has nothing to do with the new OWNER/LANDLORD. The new landlord is responsible, since it is their property. End of discussion.

Good luck

[bouncethelight]

Originally Posted by abstravel

Better yet, go to the California Department of Consumer Affairs (Landlord/Tenant laws) at Landlord/Tenant Book Index - California Department of Consumer Affairs

There is a bunch on info on who to complaint to (State of California), your rights as a tenant, and what the NEW landlord has to do to fix any and all problems. Whether the old landlord is broke or missing has nothing to do with the new OWNER/LANDLORD. The new landlord is responsible, since it is their property. End of discussion.

Good luck

All true, but she's asking about withholding rent because she had to get a hotel room, back when the old owner was in possession of the property. She also says...

Originally Posted by cheecharoni

EVEN THOUGH NOW THE UNIT HAS TEMP CERTIFICATE OF, can I withhold rent for April to recoup some losses due to displacement, costs,

Originally Posted by cheecharoni

I will NOT PAY RENT, and plan to leave end of April. But I am certain they will give me 3 day notice to pay or quit etc.

So at this point it's not about getting the landlord to fix anything - it's about her wanting to withhold rent from the new landlord, because she had to get a hotel room back when the old landlord was in possession.

[abstravel]

Missed that part about withholding hotel rate from current owner. Can't do on that part, and would be liable to get kicked out. But, for anything else not working or in bad shape, the site above will guide him as to what to do, letter to write the owner and Dept. of Consumer Affairs, and what his rights are as a tenant.

Great site with alot of info. California is one of the few states that protects both landlords and tenants equally. Just follow the rules and laws, and everyone should be fine, otherwise, whomever fails will be liable for monetary losses.
There are some bad tenants that try to take advantage of elderly landlords, and vice-versa. If anyone has a bad tenant that stops paying rent for no reason, you can legally kick them out with a court order within 30-45 days from the date you report it to the court. If you were a good landlord and asked for last month's deposit, this last month will cover loss of rent. Don't wait for 2-3 months before reporting. After the initial 5-7 days not paying, contact tenant and ask if there is a problem. If it's a bad tenant, report inmediately. No sense in wasting time and losing money.

Same goes for a bad landlord. If you are a tenant and there is a deficiency in the property, report it to the landlord in writting, ASAP via certified return receipt mail. If no contact from landlord within 7-10 days, report to Dept. of Consumer Affairs, and escalate from there. Don't wait 2-3 months before taking action. Tenant has options to either give a "I will vacate property" letter within X days and request security deposit/last month rent to be paid back within 21 days from vacating (as long as the property is left in good clean order with no damages due to your fault). Per the California Law!