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  1. #1
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    Default Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    My question involves landlord-tenant law in the State of: CA

    I contacted my landlord a few months ago and asked if he would consider ending our lease early. He said that if we were able to find replacement tenants that it would be fine. He advertised the property and we showed it to multiple people but apparently none were interested. My wife and I moved to a new location with a month remaining on our lease and no tenant secured.

    A few days into the final month of the lease I visited the property to check for mail. I found that the house is going through an extensive remodel- hardwood floors replacing the carpet, shelving being knocked down, kitchen being redone, etc. The house is clearly not fit to live in at the time being. Is it okay for him to charge us a months rent when he is clearly using it for construction?

    More details:
    -About 3/4 of the prospective tenants I showed the house to intimated to me that they loved the place and wanted to move in. The landlord said that he never heard from them again. Now I worry that he was merely blowing smoke so he could use the time to remodel.

    -The property is in a very expensive area. The remodel will allow him to increase his rent around 30%

    -The landlord has also sent me an email saying that the house smelled of dog urine and they found areas of the carpet and the padding soaked with dog urine. This is simply not from us. I also visited the property a few days after we moved out and saw that the front door had been left open. A worker had left some tools inside but no one was there. I left the property after sunset as I had found it. If the house did smell like urine I find it most likely that neighborhood cats relieved themselves in there.

    Please let me know any other details I can provide. Thanks.

  2. #2
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    Default Re: Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    Quote Quoting Pfunk
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    I contacted my landlord a few months ago and asked if he would consider ending our lease early. He said that if we were able to find replacement tenants that it would be fine. He advertised the property and we showed it to multiple people but apparently none were interested.
    And the rest of the arrangement was what? For example, did you agree to pay the rent through the conclusion of the tenancy if you did not find a replacement tenant? In a lump sum, or over the duration of the tenancy? Was anything in writing?
    Quote Quoting Pfunk
    About 3/4 of the prospective tenants I showed the house to intimated to me that they loved the place and wanted to move in. The landlord said that he never heard from them again. Now I worry that he was merely blowing smoke so he could use the time to remodel.
    When you contacted those prospective tenants, what did you learn from them?
    Quote Quoting Pfunk
    The landlord has also sent me an email saying that the house smelled of dog urine and they found areas of the carpet and the padding soaked with dog urine. This is simply not from us.
    This letter was sent to you when, for what purpose? Did you respond to the letter? Did you have a dog?

    It's very possible for somebody to become aware of dog urine in carpet when removing the carpet, even if the odor is not apparent (or is minimally apparent) before the carpet is disturbed. Thus it's quite possible that a prior tenant allowed significant 'deposit' of dog urine, and that the landlord did not discover the issue until he was removing the carpets after your tenancy.

    Cat urine and dog urine have very different effect on carpet, and smell very different when you remove the carpet. Dog urine at that point will smell like urine. Cat urine will have an ammonia smell, and will also eat into the carpet and carpet pad. Dog urine does not chemically react with the carpet and pad.
    Quote Quoting Pfunk
    I also visited the property a few days after we moved out and saw that the front door had been left open. A worker had left some tools inside but no one was there.
    Was that when the renovations began?

  3. #3
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    Default Re: Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    Quote Quoting Mr. Knowitall
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    And the rest of the arrangement was what? For example, did you agree to pay the rent through the conclusion of the tenancy if you did not find a replacement tenant? In a lump sum, or over the duration of the tenancy? Was anything in writing?
    We agreed to pay through the conclusion of the lease on a month to month basis. Communication was done via email.

    Quote Quoting Mr. Knowitall
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    When you contacted those prospective tenants, what did you learn from them?
    I do not have the the prospective tenants contact information, it was done through the landlord.

    Quote Quoting Mr. Knowitall
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    This letter was sent to you when, for what purpose? Did you respond to the letter? Did you have a dog?
    The email was sent to me yesterday. The landlord had told me he was showing the property the final week of last month after we had moved out. I had sent him an email asking if he had succeeded in finding a replacement tenant or if I should drop off our rent check for the final month. He had not responded to me so I sent a follow up email yesterday morning. He responded to that email indicating that he wanted the last months rent as soon as possible and that they would prorate the month if they got a renter while returning our security deposit.

    I have not responded to his email.

    Yes we have a dog. The dog is trained to not even relieve himself in the yard and I work from home. I can say with the utmost certainty that the dog has never urinated in the house.

    Quote Quoting Mr. Knowitall
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    It's very possible for somebody to become aware of dog urine in carpet when removing the carpet, even if the odor is not apparent (or is minimally apparent) before the carpet is disturbed. Thus it's quite possible that a prior tenant allowed significant 'deposit' of dog urine, and that the landlord did not discover the issue until he was removing the carpets after your tenancy.

    Cat urine and dog urine have very different effect on carpet, and smell very different when you remove the carpet. Dog urine at that point will smell like urine. Cat urine will have an ammonia smell, and will also eat into the carpet and carpet pad. Dog urine does not chemically react with the carpet and pad.
    It could very well have been a neighborhood dog as well. The neighbor directly across the street allows his dogs to roam off leash and they loved to mark our yard whenever given the chance.

    Quote Quoting Mr. Knowitall
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    Was that when the renovations began?
    I cannot say for certain. But it appeared like it was only a handyman doing touch ups to the walls.

  4. #4
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    Default Re: Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    Quote Quoting Pfunk
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    We agreed to pay through the conclusion of the lease on a month to month basis. Communication was done via email.
    Meaning exactly what? That you said, in writing, something to the effect of, "As we could not find a replacement tenant we will continue to pay through the end of our lease term, even though we will be vacating the premises in May"?

  5. #5
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    Default Re: Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    "If we cannot find a replacement tenant then we have every intention of fulfilling our lease."

    My issue is that in making the house uninhabitable they have broken the lease.

    If the lease is still binding then it would appear they have voided the rights to inspection prior to termination of tenancy as that can be done no earlier than 2 weeks prior to July 31.

  6. #6
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    Default Re: Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    I expect that their argument would be that they didn't break the lease, and that you agreed that a replacement tenant could not reasonably be located and to pay the rent through the duration of the lease. If you want somebody to adjudicate the question, that's what small claims court is for.

  7. #7
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    Default Re: Left Rental Early, Landlord Doing Extensive Remodel and Still Wants Rent

    Thanks for your responses, greatly appreciated.

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