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Can anyone tell me what to do with a landlord who resists taking action on fixing things? Demanded first, last and security deposit before dwelling in it? Is that legal? Been told by 4 property managers that they could only ask for 2 of 3. Didn't take me through a walk through. I Verbally agreed to move in a week later, but she started the rental agreement that night a week before agreed move in on an application form that she claims is a lease. Never gave a copy of it. Then claimed she forgot for a month. I asked for the original on paper she sent it on a PDF instead.
I went without hot water for 21/2 weeks while her husband dragged his feet coming out and only on the terms of the hours he keeps. He only came in the afternoon not morning where the water would run without getting hot. Even in the afternoon it was just above lukewarm. His solution, to take showers in the afternoon where the water is warmer. He waits for a cheap handyman to have a break in his daily schedule before coming to fix it right away. No communication in advance of a time. He just showed up when he wanted. He told me he has an extra key and I didn't have to be home to fix the plumbing. A total stranger had access. I resisted that solution and waited 3 days before he tried to diagnos the problem. It stretched for nearly 2 weeks before he replaced pipes with plastic piping and not even up to code. Replaced bits and pieces of the plumbing and complained about having to fix it. Never wanted to replace an old waterheater. Waited 2 weeks after it broke down a month later and PG&eE report stating thermostat on waterheater is defective and to Needed to be replaced He told me it was too expensive to replace it because he needed more time to do research. Non working oven and broiler for a month before dragging his feet to replace it. His solution during that time, was to by a bbq lighter to light the flame, when the flame was already on.
I asked for a rent reduction the second month in and the wife got emotional and won't let me talk while she vented 15 minutes. Then cried she spent $15,000 on fixing the place up after they evicted previous tenant. I refuse to pay them and they want to charge me $200 for being late with fine for being late by the 3rd of each month. Please help!!
In regards to repairs, you give notice in writing, send it certified mail and make a photocopy of the letter. Be sure it is dated. If repairs are not done in 'a reasonable' time, you are legally allowed to withhold a portion of your rent. What reasonable time is - depends on the problem.
I suggest you look to a website called Nolo Press, as they have all the details about renter and landlord rights and responsibilities.
A landlord MUST give 24 hour notice before entering your dwelling.
As goes first last and deposit, the rental agancies are not totally correct.
In California the most amount that a landlord can ask for is 3 times the rent, period.
They can call it what ever they want, break it down into what ever 'deposits' they want, but it cannot exceed your rent multiplied by three. Pet deposits cannot even be added on top of the 3 times rent total.
So if your rent is $600 a month, the most that they can ask from you for 'move in' is $1800.
I believe that you can also hire someone to do the repairs if not done by the landlord in a timely manner and deduct that from your rent.
Nolo Press is your friend....look it up.
And I agree....why live there when it is such a headache?
Last edited by OwlKaMyst; 05-05-2015 at 02:33 PM..
Reason: Nolo, not Yolo.
You can't simply withhold rent - you will be in default, and she could start eviction proceedings and you could forfeit your deposits. In addition, if she wins the judgment against you, you can be liable for rent until the end of your lease if she can't find another tenant, and why should she even bother? She can hold your feet to the fire.
As someone above says, you have to put repairs in writing and best sent via certified mail. You need to get up to speed on the landlord tenant laws in California and possibly in your city. There is probably someone in the local housing authority who can advise you, or point you in the right direction, of legal assistance. The law will define what you need to do, will define what is a reasonable length of time for repairs, etc. You need to get very informed about the law very quickly.
If it were me, I would try to negotiate getting out of the lease, even if it meant losing some money on the deal. You now see how you will be treated every time there is a problem, and you can be sure there will be more problems to come.
Your landlords are not aware of the laws governing the landlord-tenant relationship, and feel like because it's their property, they can do what they want with it. Though it seems odd that you wouldn't know that first and last month's rent + deposit is standard. You can see that on 90% of rental announcements on Craigslist.
Contact your local Tenants' Rights organization, if there is one. Read up on the laws. Owl had some good ideas. If they do work that isn't to code, you can call the county inspector. If they signed a year lease, they can't break the lease just because you called an inspector on them. But I'd plan on moving out when the lease is up, if I were you. They can't waltz into the place whenever they feel like it; you have the right to privacy, and they have to give you notice. They're also not allowed to come in for no reason, like to do an inspection. There are limits on how many inspections they can do/year, usually just one, just fyi.
Next time there may be problems with gas appliances (water heater, stove), notify them, and if they don't respond in a timely manner, call to check on when they'll be over to fix it, and say, "Should I make an appointment with the gas company? They're usually pretty prompt."
Thank you all for your input. I find it interesting that I talked with 4 different property managers and all said you can't charge for all 3. It's a 6 month lease. What about knowing that the stove and hot water needed to be replaced by their handyman, but they said we aren't going to fix it before they rent it out. Basically betting on that they wouldn't break down? Can I brake lease because they knowingly rented it out? What about a $200 fine if not paid by the 3rd of each month?
Again, at this point - how many months remaining on the 6 month lease? - you should probably just ride this out at this point and have another place lined up. This is a losing proposition for you - you need to pay your rent, stay current, send certified letters, and just try to make it through the end of the lease to get your security deposit back (you have already also paid the last month, right?). Gut it out.
If the lease had been signed by a property manager / realtor, there would have been a clause regarding known hazards or defects, and maybe that would have covered a breach on the owners for failure to repair or replace the stove or hot water heater. No, you can't just break the lease, but you do have grounds for suing the landlord for breach of contract, but you haven't yet created the proper paper trail to succesfully sue them (certified letters, etc).
People always seem to think renting from a private owner is the way to go, but I have found that as a tenant it is better to deal with a property management company, not individuals, when it comes to maintenance and repairs. A legit property manager is almost always a licensed real estate broker, too, and they are bound by ethics and rental contracts that explicitly spell out some of these items. I have a feeling you signed some substandard lease agreement; the law still protects you, and you should pursue all legal avenues, but you are learning the hard way about dealing with jerk owners.
Yes, but...the OP has not really gotten all her ducks in a row to take this action, not yet.
OP - do not just quit paying your rent without carefully reading this link and taking every recommended step to protect yourself.
The law is on your side, but you have obligations, too. Make sure you understand your obligations and the landlord's obligations, too, before embarking on this path.
Can anyone tell me what to do with a landlord who resists taking action on fixing things? Demanded first, last and security deposit before dwelling in it? Is that legal? Been told by 4 property managers that they could only ask for 2 of 3. Didn't take me through a walk through. I Verbally agreed to move in a week later, but she started the rental agreement that night a week before agreed move in on an application form that she claims is a lease. Never gave a copy of it. Then claimed she forgot for a month. I asked for the original on paper she sent it on a PDF instead.
I went without hot water for 21/2 weeks while her husband dragged his feet coming out and only on the terms of the hours he keeps. He only came in the afternoon not morning where the water would run without getting hot. Even in the afternoon it was just above lukewarm. His solution, to take showers in the afternoon where the water is warmer. He waits for a cheap handyman to have a break in his daily schedule before coming to fix it right away. No communication in advance of a time. He just showed up when he wanted. He told me he has an extra key and I didn't have to be home to fix the plumbing. A total stranger had access. I resisted that solution and waited 3 days before he tried to diagnos the problem. It stretched for nearly 2 weeks before he replaced pipes with plastic piping and not even up to code. Replaced bits and pieces of the plumbing and complained about having to fix it. Never wanted to replace an old waterheater. Waited 2 weeks after it broke down a month later and PG&eE report stating thermostat on waterheater is defective and to Needed to be replaced He told me it was too expensive to replace it because he needed more time to do research. Non working oven and broiler for a month before dragging his feet to replace it. His solution during that time, was to by a bbq lighter to light the flame, when the flame was already on.
I asked for a rent reduction the second month in and the wife got emotional and won't let me talk while she vented 15 minutes. Then cried she spent $15,000 on fixing the place up after they evicted previous tenant. I refuse to pay them and they want to charge me $200 for being late with fine for being late by the 3rd of each month. Please help!!
Then find an attorney with experience in regards to this issue and ask his legal advice.
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