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Renter's rights help needed
Old 10-09-2006, 05:30 PM   #1
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Renter's rights help needed

My son is renting his first apartment with 2 friends; it's a 2 bedroom apt. Their 12 month lease just expired on October 1.

On Sept 1 they were given 2 weeks notice to vacate the apartment because the final construction inspection and approval were never done before they moved in. THe apartments were extensively remodeled before my son even looked at them.

They were given 2 - 1 bedroom apartments to live in temporarily, my son in one and the couple in the other. They were allowed to leave some furniture in the original apt, and could only have access to the original apt if they caught the construction crew there working.

Last week they were told they could move back in to the first apt, had to be out of the alternate apts by SUnday so new renters could move in. When they moved back in last night, their apartment wsa not completed. THe window blinds were not reinstalled, apparently sheet rock work was not completed also.

Now they are being told their rent might increase by about $75 a month. I've found the civil code on the rent increase situation and am clear on what their rights are.

I've looked up California renters rights and can't really find anything about inconveniencing renters by having them move in and out... because of someone else's error in not getting the apartment signed off by the local building inspector.

Does anyone have any suggestions on whether they should get some rent credit or whether moving them in and out was illegal. I'm not sure if the kids would be willing to go to small claims court if they did have anything to charge the landlord with. Just wanted to make sure they weren't being taken advantage of since they (and me) don't know better.

Thanks in advance for any advice.

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Re: Renter's rights help needed
Old 10-09-2006, 06:05 PM   #2
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Re: Renter's rights help needed

Quote:
Originally Posted by KB
My son is renting his first apartment with 2 friends; it's a 2 bedroom apt. Their 12 month lease just expired on October 1.

On Sept 1 they were given 2 weeks notice to vacate the apartment because the final construction inspection and approval were never done before they moved in. THe apartments were extensively remodeled before my son even looked at them.

They were given 2 - 1 bedroom apartments to live in temporarily, my son in one and the couple in the other. They were allowed to leave some furniture in the original apt, and could only have access to the original apt if they caught the construction crew there working.

Last week they were told they could move back in to the first apt, had to be out of the alternate apts by SUnday so new renters could move in. When they moved back in last night, their apartment wsa not completed. THe window blinds were not reinstalled, apparently sheet rock work was not completed also.

Now they are being told their rent might increase by about $75 a month. I've found the civil code on the rent increase situation and am clear on what their rights are.

I've looked up California renters rights and can't really find anything about inconveniencing renters by having them move in and out... because of someone else's error in not getting the apartment signed off by the local building inspector.

Does anyone have any suggestions on whether they should get some rent credit or whether moving them in and out was illegal. I'm not sure if the kids would be willing to go to small claims court if they did have anything to charge the landlord with. Just wanted to make sure they weren't being taken advantage of since they (and me) don't know better.

Thanks in advance for any advice.

Do not...repeat......Do not get involved in any litigation over this, even if
they are being "taken advantage of". Definitely not worth it.

JG
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Re: Renter's rights help needed
Old 10-09-2006, 06:10 PM   #3
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Re: Renter's rights help needed

What's the big problem ?

They had a place to live and paid rent during the time they spent there.

Some work had to be done so the Landlord gave notice, moved the tennants into other facilities, and did the work.

The tennants (your son and friends) could have moved on if they had wanted to.

The separate issue is that the landlord having given notice has raised the rent. What's the problem with that ? They always have the option to move out.
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Re: Renter's rights help needed
Old 10-09-2006, 07:49 PM   #4
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Re: Renter's rights help needed

Their main complaint was the inconvenience of having to pack up and move out of their apartment and into temporary quarters. Then having to move and unpack again...and before the work was completed.

So now they have missing bedroom doors, and no window coverings...things they had before. I agree, the rent increase is a separate item, just struck me odd that the rent would be raised after shuffling them back and forth.... and leaving them with an incomplete apartment....

It doesn't seem as if the landlord is very interested in working with his tenants.....he told them to move if they didn't like it...They probably will after all that.

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Re: Renter's rights help needed
Old 10-09-2006, 11:15 PM   #5
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Re: Renter's rights help needed

Quote:
Originally Posted by KB
It doesn't seem as if the landlord is very interested in working with his tenants.....he told them to move if they didn't like it...They probably will after all that.
I wonder if we should revive the rent vs buy thread again!
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Re: Renter's rights help needed
Old 10-10-2006, 12:04 AM   #6
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Re: Renter's rights help needed

You need to research the "Implied Warranty of Habitability," which covers "widely-held" common law notions of what constitutes decent housing. I assume that would cover bedroom doors and blinds. The doors and blinds were there when the lease was signed, as well, and weren't there when they returned. There's also the "Covenant of Quiet Enjoyment" and "constructive eviction." They probably could have made a constructive eviction claim when they were told to leave initially.

As JG wrote, however, it's not worth your/their time.

The good news is that they should get most/all of their security deposit back. After all, the construction crew must've left it in that condition.


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Re: Renter's rights help needed
Old 10-10-2006, 12:54 AM   #7
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Re: Renter's rights help needed

Thanks for the info on the "Implied Warranty of Habitability". I'm researching it now.

I agree that this is not worth fighting about. I just want to help my son get enough info so he can speak intelligently with the landlord and try and make sure that he and his roommates are treated within the law.
I haven't rented in almost 30 years, so am not familiar with all the particulars of renting these days.

He's finding that kids his age are not always treated the same as adults, and some adults take advantage of kids his age.

I did find that the landlord needs to provide a rental increase in writing 30 days (or more depending on the % of the increase) before the increase can start. My son was quite relieved to hear that. Apparently there is an onsite landlord and another landlord over the onsite one. The onsite one told him about the increase. I think part of this situation is info passed between too many people.. Either that or the onsite is not very informed....



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Re: Renter's rights help needed
Old 10-10-2006, 07:35 AM   #8
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Re: Renter's rights help needed

It sounds like everything has gone OK to me...

They were renting an apartment for three... for a few weeks they were moved to two apartments that probably cost more if they were renting, but probably did not pay more...

Thier lease was up a few days ago.. they are now month to month... yes, the landlord must give the necessary notice (but it is 30 days before a payment is due, not just any 30 days)... sounds allright to me..

However, they should go back and talk to the landlord or start to look for another place soon... the landlord might insist on a new lease to lock them in for another 12 months..
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