urgent Help:apartment manager abused my child; advice needed for renter rights and homebuying near West San Jose (landlord)

[Zeya]

Most of your questions for "who do we turn to", this seems to be the appropriate web site for San Jose renter issues:
San Jose, CA - Official Website - Renters & Landlords

... but I smell bureaucracy, which usually means phone tag and a lot of waiting and delays. I know some of this type of stuff ends up in small claims court, assuming money is on the line. I don't think you're at that point yet.

I would advise to start looking for a new place to live. A realtor can even help you with finding a place to rent, by the way.

[snoopyworld]

Thanks for the reply!
1) fridge: I request a replacement, NOT a "brand new" fridge. Reason is that maintenance worker told me an important part was missing and they couldn't find it anywhere, and it WILL keep breaking down every two weeks.

2) Lease: We always pay on time and never break any rules. Never had conflict with anyone before the manager grabbed my son, threatened to hit him, and made my son's nose bleed. We don't think they have any right to terminate lease.
We are worried about lease renewal though, since they may use this chance to revenge. Since we have just started the homebuying process, and considering how crazy the market is now, we may need a renewal. Does San Jose have rent control over an old apt. built before 1972???




QUOTE=jk88cal;35541128]1) Maintenance request.

The best route is to speak with the manager on this issue. However, given conflict you had, not sure how that will go thru.

You seem to think that you are entitled to a new fridge. I doubt that is a reasonable expectation.

You have to separate between negligence, if they ignore your request or waited days to respond, which makes the living condition unlivable. Versus they promptly responded but the item just happen to broke down 3 times.

2) Lease.

In your 1st post, you mentioned manager threatened to terminate your lease. In later post, you talked about renewing your lease.

They cannot terminate your lease unless you did something to violate the lease agreement.

As for renewing your lease, they do not have to honor that, especially in cities that do not have rent control.[/quote]

[snoopyworld]

Thanks! This is extremely helpful.
We found a realtor agent over the weekend. Ideally we could fix the maintenance issue and find another place near my child's kindergarten before we buy a house. It's a real pain to move with a little child right after Kindergarten starts.

Originally Posted by Zeya

Most of your questions for "who do we turn to", this seems to be the appropriate web site for San Jose renter issues:
San Jose, CA - Official Website - Renters & Landlords

... but I smell bureaucracy, which usually means phone tag and a lot of waiting and delays. I know some of this type of stuff ends up in small claims court, assuming money is on the line. I don't think you're at that point yet.

I would advise to start looking for a new place to live. A realtor can even help you with finding a place to rent, by the way.

[snoopyworld]

I would also highly appreciate it if anyone could help with the homebuying issue:

Son will go to a private kindergarten in zipcode 95117. So if elementary school is not a concern, is it reasonable for us to look for a starter home condo/townhouse with a budget of $600-700K and down payment of 150K within the boundary of a 7 API high school (such as Prospect high, Westmont high) in zipcode 95130 or 95117? I know I may be asking too much, but I really hope my kid can live near West san jose so he could still be with his friends.

[kdog]

Originally Posted by snoopyworld

the manager's husband grabbed his arm, roared at him, and pulled him so hard that my son hit his nose on his hand, and his nose was bleeding! I ran to them and scolded the manager's husband for being so rough with young kids, and he roared "I do whatever on my property".[...]
After the police came, I told them what happened. They asked, "what do you want to get out of this?"

What you should have said is, "I want that man arrested for assault and battery on a child". If what you've written is true, a crime was committed. There's absolutely no excuse for him manhandling your child.

[NoMoreSnowForMe]

Interesting story.

[80skeys]

Originally Posted by snoopyworld

After the police came, I told them what happened. They asked, "what do you want to get out of this?" I said, "I need him to apologize, and make sure he treat kids with respect in the future. Not only my kid, but other kids as well." They went to the manager's husband, came back and said that he apologized, saying he was not meaning harm, just want to make sure kids not throwing pebbles later (they DEFINITELY was NOT throwing at that time). The police assured me that this shall never happen again.

I totally doubt your story that the manager grabbed your son and caused his nose to bleed. If that had really happened, the police would have arrested him.

so, my advice is: quit whining, quit your BS, start parenting your child better so they do what their told and respect their elders.

[snoopyworld]

I swear that this is what really happened. The manager did yell, grabbed my son, threatened to hit him and other kids, and caused his nose to bleed. However, he was not arrested after he told the police "He did not mean any harm since he thought the kids 'might' throw rocks at each other." and after he apologized.

This is my first time calling police ever in my life. Your comment made me think that I was too kind, since I only requested him to apologize when the police asked "so what do you want out of this?"

I felt insulted by your doubt. However, it was the police that had the final say, right?

Originally Posted by 80skeys

I totally doubt your story that the manager grabbed your son and caused his nose to bleed. If that had really happened, the police would have arrested him.

so, my advice is: quit whining, quit your BS, start parenting your child better so they do what their told and respect their elders.

[snoopyworld]

This is my first time calling police out of panic. I requested the manager to apologize since I want to ensure that he should treat all kids with respect in the future.

The manager did not hit my son though, although he threatened to do this. My son had a nose bleed when he hit his own hands as the manager grabbed him, but the manager did not hit his nose. If he did hit him or any other kids I would request him to be arrested for sure.

Originally Posted by kdog

What you should have said is, "I want that man arrested for assault and battery on a child". If what you've written is true, a crime was committed. There's absolutely no excuse for him manhandling your child.

[zitsky]

Originally Posted by snoopyworld

This is my first time calling police out of panic. I requested the manager to apologize since I want to ensure that he should treat all kids with respect in the future.

The manager did not hit my son though, although he threatened to do this. My son had a nose bleed when he hit his own hands as the manager grabbed him, but the manager did not hit his nose. If he did hit him or any other kids I would request him to be arrested for sure.

I don't think you should apologize, either to the manager or anyone here. I'm a landlord and I find that behavior unacceptable. When I used a property management company, I would never allow that kind of behavior from people who represented me.

I hope you get out of that lease and move into a better place, either renting or buying.