tenants rights in SD county (San Diego: apartments, renters, how much)

[rgb123]

I am putting this in the SD forum since I know tenants rights vary by state, and other conditions by more cultural norms/county etc (possibly)

I have agreed to pay a certain rent in December -- prior to major construction on both my main roads which also blocks hiking trails (day AND night construction for the carlsbad pipeline). They had to know about the construction affecting this place but said nothing (and deny they knew construction would be taking place here when I signed my lease in late nov/early dec -- moved in right after Christmas)

I work from home and was very specific about finding a quiet place, I chose a top floor corner unit. I also chose it for the view, which is now of construction, tractors, open trench work...construction cones...

To add to the outside construction they have chosen this time to make major renovations to the complex, including remodelling every unit once someone moves out -- it will be great! For those who move in in 2017.

Construction started this morning on the apartment next to mine which abuts my office. All we received was a flyer a week or two ago about some of what would occur and a town meeting where we could ask questions (Which I missed or did not occur)

during the midst of the bangs and booms next door, the water was shut off (on accident I've found, as they damaged a valve) It's been perhaps 4 hours now with no water.

I talked to the manager who made excuse after excuse (I already complained a month ago about not being informed of the major construciton before I signed my lease) about how they can't control noise, and originally they said it was not a term of my lease to expect quiet and all construction is during the day so it shouldn't matter (i.e. it is legal, technically) except, well actually the construction is now at night as well.

I told them what they are doing may be legal, but its not very nice and there is things they could do while the rest of us are still paying luxury prices to live in their mess. I wrote a review on yelp as well.

I'm quite disgusted by how a large company is handling these complaints, however I know I don't *yet* have a case to break a lease or withhold rent....

how long does my water have to be off... how much noise is ok, what about at night? does it matter that they knew or didn't know ahead of time?

the renovations are totally their own choice to inconvienience the rest of us while they improve their property for people who will enjoy it in the future.

I feel there is plenty they could do for us but are using the cop out that 'your lease doesn't cover...'

[LuvSouthOC]

Originally Posted by rgb123

I am putting this in the SD forum since I know tenants rights vary by state, and other conditions by more cultural norms/county etc (possibly)

I have agreed to pay a certain rent in December -- prior to major construction on both my main roads which also blocks hiking trails (day AND night construction for the carlsbad pipeline). They had to know about the construction affecting this place but said nothing (and deny they knew construction would be taking place here when I signed my lease in late nov/early dec -- moved in right after Christmas)

I work from home and was very specific about finding a quiet place, I chose a top floor corner unit. I also chose it for the view, which is now of construction, tractors, open trench work...construction cones...

To add to the outside construction they have chosen this time to make major renovations to the complex, including remodelling every unit once someone moves out -- it will be great! For those who move in in 2017.

Construction started this morning on the apartment next to mine which abuts my office. All we received was a flyer a week or two ago about some of what would occur and a town meeting where we could ask questions (Which I missed or did not occur)

during the midst of the bangs and booms next door, the water was shut off (on accident I've found, as they damaged a valve) It's been perhaps 4 hours now with no water.

I talked to the manager who made excuse after excuse (I already complained a month ago about not being informed of the major construciton before I signed my lease) about how they can't control noise, and originally they said it was not a term of my lease to expect quiet and all construction is during the day so it shouldn't matter (i.e. it is legal, technically) except, well actually the construction is now at night as well.

I told them what they are doing may be legal, but its not very nice and there is things they could do while the rest of us are still paying luxury prices to live in their mess. I wrote a review on yelp as well.

I'm quite disgusted by how a large company is handling these complaints, however I know I don't *yet* have a case to break a lease or withhold rent....

how long does my water have to be off... how much noise is ok, what about at night? does it matter that they knew or didn't know ahead of time?

the renovations are totally their own choice to inconvienience the rest of us while they improve their property for people who will enjoy it in the future.

I feel there is plenty they could do for us but are using the cop out that 'your lease doesn't cover...'

Many years ago I used to volunteer at the San Diego County Legal Services. I don't know if they are still around in San Diego, but you could look. We provided free counseling once a week in or around Hillcrest.

THE FOLLOWING IS NOT LEGAL ADVICE. I AM NOT YOUR ATTORNEY NOR SHOULD THE BELOW DISCUSSION BE CONSTRUED AS LEGAL ADVICE. IF YOU NEED TO SEE AN ATTORNEY, PLEASE SEE ONE. I AM NOT ADVISING YOU ON WHAT TO DO OR WHAT NOT TO DO. ANY ACTION OR INACTION ON YOUR PART MAY HAVE CONSEQUENCES. PLEASE SEE AN ATTORNEY IF NECESSARY.

For a breach of a contract to occur, one has to first look at the terms of the contract.

There are also some basic general principles in California:

You have the right to the free enjoyment of your leased property.

Noise beyond a certain level can constitute a nuisance.

[moved]

You might want to copy your post and put it on the Renters Forum for more advice. There are people on there that are very knowledgeable about landlord tenant problems.

[rgb123]

I didn't know we had one, I may do that.

[moved]

That'll help you with the problem, you'll get lots of advice.

[rgb123]

ok, I feel better after venting and putting in a bad review lol. Turns out they flooded 2 apartments today with the water...they had to turn it off to stop it. so maddening....I wonder what they will do for those tenants...