Crappy Landlord Problems.. (Oakland: apartment, lease, eviction)

[crae09]

On Saturday August 10th, my landlord lightly tapped on my door twice and then turned the door knob (luckily it was locked because i was in my birthday suit!!!!!) he didnt even inform me who he was at the door nor did he give me a notice/phone call.

He came to let me know that my lease renewal is due. He went to go get it from a few doors down at the office and by that time i was so shook up i started crying! i asked him "what about a notice" . he informed me that he doesnt have to give notices because he has too many tenants and he doesnt have time to call/write them 24hrs in advance if he needs in the apt. In the lease it says that he come in between 8-5 to make repairs, improve the property & show the property yet the reason he was coming in was to give me the lease renewal which isnt even considered a repair/improvement.. & he didnt even have it in his hands! he went to the office to grab it after i answered the door

after i brought up about the notice, he became fumed.. and said that he is sick of me and my boyfriend anyway so whenever i'm ready to move, hes ready to show my apt.

my boyfriend & i dont do ANYTHING wrong.. we pay our rent, both work 40+hrs a week and then after work hang out around town and maybe head home around 8-9. we dont bother anyone so for him to say that is just nonsense!!!! it seems like harasment to just say you dont like me and then tell me to get out.

i've had an issue in the past with him too. when I was first looking at the apt when the property manager, I was smoking a cigarette inside the apt. One day I was smoking one and then went down for a nap. I recieved a voicemail from the landlord saying to call when i get the message. I call and he said "WHY ARE YOU SMOKING IN THE APT" I said.. you never informed me that i cant. he said the building is non-smoking (no where in lease) and smoking isnt allowed. He admitted that he came in my apt after smelling the cigarette smoke an hour later.

Anyways, so since this all happened, I've been trying to get advice and figure out what I should do. I didn't turn in my lease renewal yet because there are so many weird things in it (a 10 pg lease) so I faxed it to a former lawyer that I worked for. Since it's free, I'm not gettnig any quick advice from him and need to move forward.

Yesterday, he left my boyfriend a voicemail yesterday saying that we need to turn in the lease renewal or "we gotta get out asap so he can start showing the property" he said he doesnt want to have to take us to court for eviction and to just leave. When my boyfriend called him back, the landlord said that if we want to stay and renew lease (which he already signed) then I have to appologize-- I guess I'm appologizing for inquiring about a notice. He said if I dont appologize then we have to get out asap. also, when i moved in I paid first, last & security deposit which means I have AT LEAST one more month before I have to even start packing my bags.

What should I do???!! Should I bite the bullet and appologize? Should I start looking for a new place? I live in Oakland and work downtown so it's convienent. I'm also not trying to pay $1,000, 500 rent + sec deposit for a new apt when I could have bigger problems such as bed bugs, roaches, ect.

I really don't know what to do. I know as a tenant I have rights and this guy is treating me like crap for no reason. Personally I think it's because we are the only non-students living in the apt and he just wants us out... but i didnt do ANYTHING wrong!! Please help because I've been upset and just angry with everyone around me for being so stressed and upset




FYI: in the lease it states:::::::::::
Landlord may enter the property:
a) between between 8am and 5pm to:
1. make repairs
2. improve the property
3. show the property

B) without notice to tenant in an emergency

[jay5835]

I'll bet if you quit smoking in the apartment -- and by "quit," I mean never, ever smoke in the apartment, not even one cigarette, however late at night it might be -- he'd probably leave you alone. I wonder if a neighbor complained. Smoking just isn't cool anymore, regardless of what official policy may or may not be stated in your lease, and if another tenant complained, it's possible the LL would side with him.

[crae09]

I dont smoke in my apt anymore.. That's what I'm saying I do nothing wrong :

[jay5835]

Originally Posted by crae09

I dont smoke in my apt anymore.. That's what I'm saying I do nothing wrong :\

Actually, you didn't say you don't smoke in your apt anymore.

Originally Posted by crae09

He's just a money hungry Indian who has never had a woman stand up for herself in front of him & wants me to apologize for it.

When you talk like that, crae, the thread title automatically changes to "Crappy Tenant Problems."

[crae09]

I see your point and I'm sorry. I'm just worked up about all of this and need some advice.

[tabinekotaro]

When does your lease end? What does it say about renewal? Is there a clause that lays out a timetable for when the lease has to be renewed before it expires? There often is. (For example, mine is 60 days before the end of the lease.)

Your landlord sounds like an unprofessional jerk, but he just knocked on your door. I am not sure a noticed is required for a door knock. Was it inconsiderate, and should he have called first? Yes. Should he have tried the doorknob? No, definitely not. He could have just posted the renewal, or better yet, mailed it to you. Was he wrong about not having to give notice of entry because he's too busy? Yes, absolutely. But he didn't actually enter your apartment without you answering the door. You need to let go of this particular detail and focus on whether you want to renew your lease or not.

If he really wanted to get you out he would just have declined the option to renew the lease. Do you still have the lease that was signed by him? Did he date it too? If you want to renew, sign it now and don't worry about the apology. If he took it back, then you have to decide what you want to do. If he has any sense, he'd rather keep you as tenants than have to find new ones over a disputed apology. He also can't require you to move out so he can show the apartment.

If you and your boyfriend can afford to move, I would do that, as you will not have a good experience for the next year with this landlord.

[ferraris]

Originally Posted by tabinekotaro

If you and your boyfriend can afford to move, I would do that, as you will not have a good experience for the next year with this landlord.

This. There are so many places that are convenient to Downtown. If you don't have any connection to Oakland it doesn't even make sense to be paying the jacked up rents those slumlords charge. There's no way you can turn this into a good situation, just get out of there. Don't let him rush you out though, take the time alotted to you in the lease and find a place you are happy with. I might not even give him notice if the lease doesn't require it; he sounds like the kind of landlord that will show up unannounced to show your apartment.

[Bong477]

If you are convinced you have a crappy landlord, the problem is most easily solved by finding a different landlord.

[crae09]

Originally Posted by Bong477

If you are convinced you have a crappy landlord, the problem is most easily solved by finding a different landlord.

I understand what you are saying, but I did nothing wrong for someone to make me move from my home. I could see if I was late on rent or damaged the property, but I shouldnt have to go through the stress and saving money to look/ put money down on a new apt (we all know hes not gona give back the deposit) I did nothing wrong and feel I shouldn't be pushed away from the place that I call home.. I should be able to have quiet enjoyment as well as all of the other rights I have as a tenant

[stburr91]

Originally Posted by crae09

I understand what you are saying, but I did nothing wrong for someone to make me move from my home. I could see if I was late on rent or damaged the property, but I shouldnt have to go through the stress and saving money to look/ put money down on a new apt (we all know hes not gona give back the deposit) I did nothing wrong and feel I shouldn't be pushed away from the place that I call home.. I should be able to have quiet enjoyment as well as all of the other rights I have as a tenant

Which of your tenant's rights did your landlord violate?