Retaliation by landlord,what to do? (apartment complex, renters, credit)

[lindalinda]

Hello, I'm new here and would appreciate any advice on how to respond to my landlord's recent actions. Sorry it's a long one

I have been living with my mom for the past 16 years in a 2 bedroom apartment in SGV. We've had the same landlord for the past 16 years. Then recently I got married and decided to move out, my husband and I signed a lease for a 1 bedroom apartment with the same landlord on a different property.

Our 1 bedroom apartment has become unbearable to live in due to an extremely loud neighbor below us who comes home in the early hours of morning and make huge noises with doors and TV. We are unable to sleep. I called the police on 3 different occasions and have also complained to the landlord twice. However the situation has worstened, the noise continues, and the landlord actually took the neighbor's side and denied that he was the cause of the noise.

Also, I've been going back to my mom's on and off for the past 4 months just to get a decent night's sleep and to visit them. I used the gate remote and parking spot that came with my parents' lease regularly for the past 4 months, and the landlord did not complain.

However, this week, my mom received a letter from the landlord telling her that I can not park inside the gated parking area and she must give up my remote to the landlord. And if I should continue to want to park there and use the remote, I have to add my name to my mom's lease which is month to month btw. Also, the letter said, if I add my name to the lease, the rent will go up by $100.

Here's what I don't understand: even though my name was not included on the original lease it does says 2 adults, my parents' name and 1 child. Now that I'm an adult, does this not count as me being included in the lease? Also, is it not the landlord's reponsibility to update the lease once I had turned adult and was continuing to live there? They never said anything to us about the update, perhaps intentionally so that a loophole could be created.

Besides, the original lease states that the 2 parking spots and 2 remotes were included, why should we turn 1 set in? The original lease also does not include any statement about raising rent by $100 if any additional tenants are added to the lease. Besides, isn't the landlord suppose to give us 60 days' notice for rent increase since the increase is more than 10% of mom's monthly rent?

Also, there was an issue with a stray cat at my apartment complex which the
landlord accused me of feeding. The stray cat has and always been there, raising issues of health and safety. The landlord knows its there but does not call animal control to take care of it. Additionally, my downstairs neighbor has an outside patio area cluttered with various junk. Are these all code violations?

What should I do at this point? I think my mom is being retaliated for my complaints about the loud neighbor. Meanwhile, I can not sleep in the 1 bedroom apartment due to the neighbor's noise nuisance. But I can not come back and stay with my mom either. And I can not move out of the 1 bedroom since it was a 1 year lease, we've only been there for 4 months. Help!

[JustPassinThru]

Your mother probably has a sweet deal on the rent since she's been there so long. I wouldn't want to jeopardize that. First, I would return the remote to your mom, and park where guests are supposed to park, usually out on the street.

Then I would forget about the cat and the trashy neighbor and focus on the real problem. Send a certified letter to the owner telling him how much you like living there, your mother's history of 16 years of being a good tenant, and explain the problem. If the owner will not do anything to remedy the situation, you may decide to move or just buy earplugs. If the unit is rented soon after you leave, you may receive most of your deposit back, especially if you leave before the paid month is up.

How does your hubby feel about this?

[artichoke63]

I think you should focus your energy on finding a new place to live if you are not happy. You seem to be getting caught up in nit-picky battles. Unless your downstairs neighbors are having wild parties till 2am or running a meth lab, calling the cops is only going to escalate problems, and in the end people are going to want you to move. Either move or learn to be more tolerant.

Artie

[lindalinda]

Thank you Justpassinthru, it seems like the owner does not want to do anything to resolve the issue. The neighbor has some sort of special relationship with the landlord. I am wondering, if I break the lease, will that go on my credit history?
As for my husband, he's not too happy about the noise level either. I do think I have acted reasonably in response to continuous loud banging and slamming noises at 3 AM in the morning, followed by TV turned up full blast.

[kettlepot]

If the cat's an issue, call animal control yourself. No law against that.

As JPT said, don't do anything to mess up your mother's situation. Your actions are bringing drama into her life that doesn't need to be there. You need to contain the issues at hand not escalate them.

That really only leaves the noisy neighbor downstairs. I'm no lawyer, but you may be able to break a lease based on cause. However, cause needs to be well documented because you'll need to go to small claims court to get the issue settled. You've got the internet, starting reading up on Tenant/Landlord law.

[artichoke63]

You have a right to break your lease if the noise is truly that bad. Just make sure you document everything and get police reports. Try and move on.

[Winston Smith]

Originally Posted by lindalinda

Here's what I don't understand: even though my name was not included on the original lease it does says 2 adults, my parents' name and 1 child. Now that I'm an adult, does this not count as me being included in the lease? Also, is it not the landlord's reponsibility to update the lease once I had turned adult and was continuing to live there? They never said anything to us about the update, perhaps intentionally so that a loophole could be created.

In the event that a child becomes an adult during the lease period, I'm pretty sure it's the renters' responsibility (maybe even obligation) to notify the landlord, not the other way around. Furthermore, when a two-adult household becomes three adults, this changes the conditions of the original lease agreement and a rent increase is justified, IMO. One thing renters might do is negotiate for contingencies like these before signing the lease, and then make sure they're included in the lease contract.

[Paula Lynn]

If you're no longer living there, you don't have a right to a remote. Like the other posters said, park where other guests park - usually on the street. Look after your mom - that's the main issue.

[RobE]

Talk to an attorney.