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Old 03-11-2014, 02:06 PM
 
1 posts, read 2,210 times
Reputation: 10

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I moved into a place in January and have had continuous problems with my apartment. When I moved in, doors where literally falling off hinges, no hot water for a week. Our 10ft blinds were crusted with dirt and dust (Never cleaned), and when they where replaced with "brand new" ones, they all had horrible water stains on them. Front doors would not lock properly. Then a cockroach infestation, had to be addressed 3 times before agreeing to spray and check other units for a source. Now we have found water damage from leaky pipes and some nasty mold. Since the day I have moved me AND my dog have had red irritated itchy eyes and breathing problems. I have asthma and am very allergic to mold.

I say all this to give you some background on the situation rather then just addressing the most pressing issue, being the mold.

I had asked the manager upon moving in if there was any water damage because I could smell the mold, but just couldn't find it. She said she had no reason to believe there was.

I have incurred medical bills for my dog, but not for myself because I don't have insurance and cant afford to see a doctor at the time.

Although, due to the constant problems I have been forced to miss school and work for constant repairs, illness, and vet appointments. Also had to throw away a bunch of food due to the cockroach infestation.

When maintenance came he could not find the leak and just wanted to replace the boards in which the mold was growing rather then address the real issue.

Finally the regional manager came out, found the leak instantly and saw how bad the mold was.
There solution was to just have me break the lease and leave but unfortunately being a student and barely paying bills it would be a huge problem to up and move, with no place to go, no funds to afford a whole new move in process.

Questions:
Should they have moved me out immediately as this apartment is uninhabitable?
They don't have another two bedroom available for me and are telling me that basically my only option is to break lease, is that right?
How do I go about asking for incurred bills or compensation for the items listed above?
What are they required to do in this situation?

Thank you all of those who take the time to read this.
Just looking for some suggestions and perhaps similar situations and how you handled it.

Thanks again.
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Old 03-11-2014, 02:54 PM
 
424 posts, read 548,568 times
Reputation: 240
start by telling us where you live so we avoid the place.

they are basically kicking you out instead of repairing the unit. They will clean up superficially and lease again to the next sucker. Who will get the security deposit?

you may want to stick it out and go to legal aid at your university, but students always get screwed because they cannot afford lawyers.
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Old 03-11-2014, 06:14 PM
 
Location: Planet Earth
1,963 posts, read 3,021,675 times
Reputation: 2428
There are pro bono lawyers. And the "rental" oversight in SJ is supposed to be pretty good at following up on complaints (at least it USED to be).
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Old 03-12-2014, 12:49 PM
 
Location: Raleigh, NC
6,793 posts, read 8,988,799 times
Reputation: 5163
I'm really sorry to hear of your problems. I'm a landlord and would never let a tenant live in those situations. I know the management has a requirement to provide a livable situation. But I'm not a lawyer. Did you not get to inspect the unit before you moved in? I can't understand your reluctance to break the lease and move. Do you want to stay sick from the mold? You need to get out NOW! Please don't be so naive and think you can just move to another unit in the building. What makes you think the other unit will be any better! It's your health and your dog's health that is important here. Run, run, run away from this place as fast as you can.
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Old 03-13-2014, 12:37 PM
 
865 posts, read 1,819,243 times
Reputation: 525
ITA, sounds like they will oust the squeaky wheel and find a new sucker.

To be honest, I would really re-visit your option of moving. I wouldn't want to stay there. Being in a negative rental/housing situation can really get you, it's your home, you should not be filled with anxiety, etc. going home. I realize the options for dog-friendly housing are extremely scarce or pricey, but if they are making the offer to let you out, I would try to string them a long a bit while you seek out something better.

-BTDT for a year in SV
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Old 03-16-2014, 09:26 PM
 
Location: Raleigh, NC
6,793 posts, read 8,988,799 times
Reputation: 5163
I wonder why the OP hasn't come back to post here.
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Old 03-16-2014, 10:21 PM
 
Location: Silicon Valley
18,813 posts, read 32,267,495 times
Reputation: 38559
Quote:
Originally Posted by zitsky View Post
I wonder why the OP hasn't come back to post here.
LOL! I was wondering why he ever moved into such a dump in the first place.

In case you're really there, OP, the remedy for a place that is uninhabitable is to let you out of your lease, so the LL is right about this.

You can call in the health dept, and they may say the LL has to fix the place, but that you have to move out immediately. They can tell the LL that he has to pay your moving costs to get you out. You might want to check into this option if you really can't afford to move.

The health dept can then tell the LL he has to fix it, but that doesn't mean the LL will.

Here are some links:

Landlord/Tenant Book Index - California Department of Consumer Affairs

Search Results - Public Health Department - County of Santa Clara
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Old 03-17-2014, 09:56 PM
 
424 posts, read 548,568 times
Reputation: 240
^^ but what happens to the security deposit in this situation?
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Old 03-24-2014, 12:00 PM
 
20 posts, read 25,130 times
Reputation: 17
What city are you located in? Have you spoken with an indoor environmentalist or legal attorney to find out what rights you have and how to protect those rights? I've done a lot of work for tenants and found that the reports get them out of the lease or into another apartment. The problem (I imagine) you have here is even if they move you to another apartment, how do you trust that that apartment is in livable condition (sounds like the one you're in now isn't) and how long will they keep it that way... Am I right? Seems to me the best option is to find a way to move, whether that is to legally make them help you move or recoup other damages (like the illness to your pets) to help you move.
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