Tenant Rights :: Habitability upon move-in? (Oakland: apartments, rental, eviction)

[skadet]

Greetings everyone,

After moving out of my apartment at 1801L in Midtown when my lease was over I found a cute house on the south side. It had some issues, all of which the landlord said she would take care of. On the day I moved in, I sent her a list of the issues.

It's been 22 days since move-in now, and there are still some things that are issues:

*no dead bolt on the front door
*Cracked back door
*Flimsy locks on front windows -- my *cat* pushed the window open from the outside WHILE IT WAS LOCKED.
*She left the house in FILTHY condition -- sticky cupboards, horrid stains on the carpet, birdseed and droppings on the fridge, etc.

And the best one:

*She hired a transient to do some construction in the house (2 walls needed sheetrock) -- and he parked his van in my driveway and LIVED THERE for 3 weeks while doing the "work". (Yes, 3 weeks to sheetrock and paint two 10x12 walls.)

I was silly and took her at her word that she was going to get it all taken care of before/shortly after move-in. Silly me.

What are my rights? If there are any attorneys reading, I would be interested in hiring you.

[Ultrarunner]

I generally come down on Landlords for not taking care of business. I've read your post several times and do not understand why you would move into a place not meeting your expectations?

When Your Unit Needs Repairs

First, you should notify your landlord in writing regarding repairs that need to be made to your unit. State that you want a response within a reasonable amount of time (5 to 10 days).

Then, you should contact the building or housing inspectors for the city in which you live. These inspectors normally do not charge a tenant for the inspection. Obtain a copy of this report and keep it for your records.

AB 647 Chapter 109 Became Law on January 1, 2004.

This law states that a property owner in the State of California MAY NOT demand rent, collect rent, give a rent increase notice or issue a three day notice to pay rent or quit IF:
1. A rental unit substantially lacks water proofing, gas facilities, hot and cold water, heating, electricity, sanitation or garbage receptacles: contains lead hazards, or is declared substandard because the conditions on the property are a danger to the tenant and/or the public.
AND:
2. An appropriate public agency inspects the premises and notifies the landlord of his/her obligation to repair the substandard conditions
AND:
3. The property owner does not repair the problem for at least 35 days after he/she has been notified
AND:
4. The tenant did not cause the substandard condition.

Tenants may enforce these rights in a regular civil action or in a small claims action. The court can order a landlord to fix the property. If a landlord is found in violation of this law, he/she may be liable for money damages, attorney's fees and costs of a lawsuit.

Note: If your unit has a dangerous habitability problem, please be aware that the building inspector has the right to "red-tag" your unit, meaning hat the unit will be boarded up and you will be forced to leave with very little notice to you. (In serious cases, an inspector might order you and your family to leave immediately).

You may also choose to withhold your rent until the repairs are made. If the rent is withheld, the landlord may serve you with eviction papers. You must then appear in court to defend yourself against eviction by proving in court that your unit has very serious and dangerous habitability problems. If the judge decides for the landlord, the tenant will loose his unit and will have an eviction against on his credit reports. This will make it very difficult to rent another unit. Because rent-withholding puts a tenant at substantial risk, we recommend that a tenant go to small claims court instead. This way, if he/she loses, which must always be considered as a possibility no matter how strong the case may seem, the tenant will not lose his/her home

[Ultrarunner]

Under a 1974 California Supreme Court Case, Green v. Superior Court, all leases and rental agreements are now deemed by law to include a warranty of habitability. This means, whether it is in the lease or not, the landlord is required to keep your unit in habitable condition at all times. "Habitable" means that the apartment conforms to the standards set forth in CCP 1941.1 as listed above. Even if the tenant knew when he/she moved in that a unit was below code, the tenant still has the right to demand that it be brought up to habitable standards.

[terriealves]

I too moved into a house that was not "ready" for habitation. Filthy, rotten cabinets, water damage, garbage in common areas, etc. I stopped payment on my rent and deposit check and threatned them with a city inspection. The city inspection seemed to make the property management company nervous.

They have since been trying to make some improvements. They want to put off the other improvements (replacing the carpet, cleaning the common area) until after the 1st of the year because the owner doesn't have the money. I also recently had to move to a motel while waiting for completion of the promised repairs.

Do I have a right to withhold, say, 1/2 of the deposit until the repairs are completed? Should I contact the city inspector even though I told them I would not. Also, can I be reimbursed for the motel bill?

[Ultrarunner]

Most judges do not allow people to double dip... I don't think you can not pay the rent and deposit AND expect to be reimbursed for the motel.

I think I would look elsewhere. If the owner is truly that under capitalized, I see nothing but problems ahead.

The first rule is... never move into a rental property until the agreed upon repairs have been completed, especially if the items are habitability issues.

[trishanhicks]

My boyfriend is facing a lawsuit due to non compliance of rent. But when the landlord came here and contacted us with this information my boyfriend already had the rent in the form of money order in his hand ready to give it. We made attempt to pay but she said she already sent in the documents into the attorneys office. I am living in Cincinnati Ohio. At the SUnset Gardens Apartments. On sunset ave. And am wondering if the notice she handed us states that it is not an eviction notice. But a letter stating to talk to the landlord of the reason for non payment, and if we are in finacial problems. as well and as long as we have some of our rent and we try to pay . Is it she who is binding lease or us.

[JENDELOSREYES]

I was evictedfrom my apartmentandhave a question do the managers and others who are not management have the right to go into my old apartment and take things of mine? I thought my things were safe until after the fifteen days? Someone please help me answer this questions?

[Ultrarunner]

Originally Posted by JENDELOSREYES

I was evictedfrom my apartmentandhave a question do the managers and others who are not management have the right to go into my old apartment and take things of mine? I thought my things were safe until after the fifteen days? Someone please help me answer this questions?

Standard operating policy at my firm is to immediately remove all personal property upon possession from Law Enforcement.

It takes weeks and sometimes many months for a Landlord to complete eviction... there is no reason to delay another minute to begin repairs and mitigate the loss.

We place the items in a public storage facility and the former tenant is free to retrieve by clearing the storage charges.

Best advice is to never leave anything behind once the court has ruled against you... the only person that has no right to be in the apartment is you and law enforcement will cite/arrest for trespassing if you re-enter without permission.

[shulamith]

Originally Posted by Ultrarunner

Most judges do not allow people to double dip... I don't think you can not pay the rent and deposit AND expect to be reimbursed for the motel.

I think I would look elsewhere. If the owner is truly that under capitalized, I see nothing but problems ahead.

The first rule is... never move into a rental property until the agreed upon repairs have been completed, especially if the items are habitability issues.

I'm not sure I agree with this at all. If your place is uninhabitable, you can notify the owner in writing and withhold rent. If an inspector declares a problem, you can be reimbursed for a motel in addition. I assume you have a contract? The law protects you from slumlords, you should use it or move.

BTW- I think you should report her to the Housing Authority, who is required to inspect the property annually, and you should find a new home. Rarely does a slumlord change his/hers colors. Cheap labor, unfinished work, and filth are all signs of a bad situation that won't get much better. Good luck from a property manager.

[Ultrarunner]

Originally Posted by shulamith

I'm not sure I agree with this at all. If your place is uninhabitable, you can notify the owner in writing and withhold rent. If an inspector declares a problem, you can be reimbursed for a motel in addition. I assume you have a contract? The law protects you from slumlords, you should use it or move.

BTW- I think you should report her to the Housing Authority, who is required to inspect the property annually, and you should find a new home. Rarely does a slumlord change his/hers colors. Cheap labor, unfinished work, and filth are all signs of a bad situation that won't get much better. Good luck from a property manager.

Annual Housing Authority Inspections are no longer standard practice in cities like Oakland.

A new program is being phased in that will increase inspections of properties that have failed and allow inspections to be skipped on property with a clean inspection record.

Just remember that Habitability is defined by statute in California... Withholding rent is also defined.

Anyone contemplating rent withholding would be well served to consult with a lawyer... Non-Payment of rent is often the basis for eviction.

Also a property may become Uninhabitable through no fault of the owner... anyone that lived through the Loma-Prieta Quake remembers hundreds of homes being red tagged and owners also suffered huge losses.