Shady Landlord Issues - Help! (Los Angeles: apartments, rental, crime)

[CALIFORNIA_KITTY]

Hi All,

I rented an apt in LA about 9 months ago. It was a rush rental because I had to find a place to move within a week from my old place. This new place has sadly been pretty much hell since I moved. the landlord made us sign tons of paperwork agreeing to not smoke in the building or common areas, not have parties, not storage bikes etc in common areas, no hang blankets etc over railings - so we thought he was a good manager and would enforce all of these annoying behaviors. NOT. Literally all these things are done by other neighbors and I pretty much endure it, while I hate it. I must add the we live in a courtyard building so I am looking into all of this from my apartment. Additionally about a month ago we had a power outage and realized that the back emergency exit is illegal because it has an automated gate where the car are with a fence that is 20 feet high and when there is no power the gate does not work and there is not way to open it. In the case of a fire the only exit would be through the front gate or out a window. Lasty, we I moved in I signed a lease starting I had to pay all the bill for my apt except water, trash, and free internet. Well, the free internet never materialized and my landlord verbally told me that the apt next door is on our meter also and he will pay a third of the bill. This is really pissing me off because the neighbor leaves lights on all day and I am about to travel for 3-4 months and I do not want to be responsible for his bill. In a normal situation I wouldn't have to pay any bill while travelling. I told my landlord I want to have someone take over my lease and he is being really *******-ish about it. Can I just move out for this stuff? I'm pretty sure if I get proof from the city that the apt next door is illegal than I can hold it over his head to return my deposit and let me go quietly. Otherwise, I'm sure a judge would not look kindly on to this behavior and getting another meter etc and replumbing the apt and fee etc cost around $8000. Thoughts?

[Cinema Cat]

Originally Posted by CALIFORNIA_KITTY

if I get proof from the city that the apt next door is illegal than I can hold it over his head to return my deposit and let me go quietly. Otherwise, I'm sure a judge would not look kindly on to this behavior and getting another meter etc and replumbing the apt and fee etc cost around $8000. Thoughts?

If someone did something illegal, and you "hold it over their head" in order to get something from them (i.e., Do X for me, or I'll report you), is extortion. A judge would not look kindly on you.


According to California Penal Code 518 & 519 (relevant portions excerpted):

"Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.

Fear, such as will constitute extortion, may be induced by a threat, either:

* To accuse the individual threatened, or a relative of his or her, or member of his or her family, of a crime; or,

* To expose, or to impute to him, her, or them a deformity, disgrace, or crime; or,

* To expose a secret affecting him, her, or them; "


Note that threatening to expose someone's crime unless they give you something or do something for you (even if you have a right to it, and even if they are guilty), makes you guilty of extortion. You can report the landlord or not -- but you cannot attempt to gain something from him by threatening to do so. The judge would not look kindly on you.

For the full law, see: CA Codes (pen:518-527)

[CALIFORNIA_KITTY]

Sorry but no - the land lord is breaking the law and trying to force me to go along with him because he doesn't want to covert the apartment legally because he is cheap. It is not extortion to point out to someone that by taking me to court for moving out because he his violating my tenant rights, he will have to register the apartment and pay than just letting me out of my lease because he's a slumlord. Under your definition, threatening to sue someone if they don't stop doing something illegal would also be extortion. IE. He is breaking the law - I am not - i just do not want to be involved in it anymore as it is a violation of my rights as a tenant, its a cumbersome and my specifically against my lease agreement. It is not extortion if someone is violating the law against you and you tell them to stop or else. Is telling your landlord to fix an issue that is putting you in harm or you will report him or move. Is that extortion? The only thing I gain is my rights.

[USDefault]

The "extortion" charge is overblown. OP, you can make a simple demand via letter: return my deposit, else I intend to file a claim because my utilities are being usurped by other tenants in what may be an inappropriate apartment, which may or may not violate code.

That's it, a simple demand. It's done thousands of times per day. Perfectly legal to make a pre-lawsuit demand. It is routine.

So don't try to "hold it over" the landlord's "head." Don't make threats concerning criminal law. Instead, focus on civil and code violations, and then make a formal demand in writing: either return my deposit, else we're going to litigate over the fact my utilities, and possibly my apartment, violate California and Los Angeles codes, and I am going to ask a judge to order you to return my deposit, along with fees and damages. That is perfectly legitimate.

It is not extortion if someone is violating the law against you and you tell them to stop or else.

Correct.

Is telling your landlord to fix an issue that is putting you in harm or you will report him or move. Is that extortion?

No.

[CALIFORNIA_KITTY]

Well, "hold it over his head" was not meant to be literal - I was talking about as a demand. This isn't a violation of a habitability code (except the one egress). I just wasn't sure if making me pay my neighbors utility bills was enough to break a lease. I do know in California if utility bills are shared it has to be disclosed in writing - which it is not. These are the only 2 apts in the building that share a meter because they used to be one apt. I am planning to find a subletter and then if he doesn't let me transfer the lease, send a demand letter. I am also going to go to City department of records and see how many apartments are on the certificate of occupancy. I doubt it is a legal apartment but even so - it has to be in the legal if there are shared utilities and it is not.