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  1. #1
    Join Date
    Jun 2014
    Posts
    4

    Default Hidden Flaws in a Rented Home

    My question involves landlord-tenant law in the State of: California
    In December I was looking for a place, and running short on time. 7 years in one house and a 65 hour work week make finding a place and moving difficult.
    With 1 week left on the clock, giving up on the idea of finding a house, and boarding my dog to rent an apartment "miraculously" one of my customers over heard me talking and offered a place for rent.
    I took a look at it and she was cleaning and painting telling me she can get it done just in time to meet my deadline. I rolled the dice and agreed. She mentioned the roof had a slight leek but it was nothing to worry about.
    The day before I was to move I showed up at the house to pay the rent , and get the keys. Kinda surprised that not much progress had been made on painting or cleaning, but again she promised they would work all night. When I went to pay her, suddenly she had someone else interested and of course they offered her $100 more a month then we originally agreed with. Having no choice, I had to agree to pay it or move into a hotel.
    I asked if she disconnectted the utilities, and she convinced me to just pay them when they come in so there was no need to change service.
    Should have been my third red flag by this point but again. I already was over the barrel.
    The first night was a nightmare. December 24th mind you I had meth heads knocking on my door at all hours looking for someone I had never heard of. Took weeks to chase all the junkies away. And at my work people I had never met started to approach me and give me warning about my landlord who I guess has a reputation for being a bit schizophrenic. She always seemed nice enough and with the haze of working 12 hours a day most days while still having time for a girlfriend and research for a project im working on I went along with the ignorant bliss I had created.
    After the first month I went to pay my rent. By this time I found out that the over didnt work, the wall heater didnt work, and the unfinished work in the house, painting and finishing the laundry room hasn't even been attempted. She of course assured me that it would all be fixed soon. She also said that if anyone asked for whatever reason to tell them that I was a there to take care of the house, not a renter. Yes I know. Red flag, fireworks. .. but being trusting and not really doubting her I just agreed to stay complacent.
    Then the first rain. The little leak, little like the Titanic was. Had ruined my table and couch. I had to learn where to put the buckets.
    I agreed with my girlfriend that we were out of here asap.
    But being so easy to be stuck in a rut... being busy. Complacent I remained. As it warmed up into spring. I started to notice the termites. Then I noticed the huge termite letter that came to the house but I hadn't seen.
    In the last 3 months ive paid over 1000 in water bills before finding a busted line to an old air conditioning.
    I called her up and had enough. I told her I needed her to get on fixing the house or I would have to file a complaint with housing.
    She fell to her knees with apologies.
    Turned on the water works. The whole thing.
    A month goes by and she stops by for rent again. I pay and she then in forms me that she is selling the house and I would have to move by the 20th of this month.
    Its the 7th and I have yet to find a place. I know an apartment is available and I could lock it down right now, but it would mean having to find a place or even a home for my dog. Im looking high and low for a house but im also not trying to move my girlfriend into a dangerous ghetto. So far every home ive gone to look at shows all the classic signs if being the worst neighborhoods.
    Should I file a complaint to try and buy time to find a place? Do I have any grounds to sue? Im unafraid of arguing my case in small claims but really dont have time to dive into law books at the moment.
    The last 3 months ive worked ungodly hours, and have spent all but the 4 or 5 hours a day I get for sleep very busy in my side business im creating.
    I am at a loss, I need time more then I need the money. But im also not willing to walk away after the abuse and fraud I feel she has committed.
    Any ideas are well appreciated.

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Hidden Flaws in Home

    For heavens sake, just what DO you want to do?

    You've spent the vast majority of your post complaining and griping about your landlord and your rental property but, it appears, have actually DONE NOTHING about either of these. NOW you want to sue the landlord for...what? What proof would you show the court of any of this? It is likely the court will ask for your WRITTEN documentation regarding notifying the landlord of the items that you found did not work. Do you have any such evidence?

    Not only that but after much semi-entertaining melodrama you now want to file a complaint, not to get out of the rental unit but rather to buy time to remain IN this rental unit?

    Send the girlfriend out to find another place to rent and get the heck out of this place.

    Gail

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hidden Flaws in a Rented Home

    Your landlord either gave you proper notice to terminate your tenancy or she did not. You haven't given us enough information to comment on that issue. If she gave you proper notice and you don't move out on time, she can commence eviction proceedings.

    Do you have a potential claim for a partial rent abatement? Possibly. You have complained about a lot of things, but you haven't made clear what happened in response to your complaints. We don't know if or when the oven was fixed, if or when the roof was fixed, if or when the wall heater was fixed, the significance of the "huge termite letter".... There was a problem with the A/C that apparently arose during your tenancy, but it's not even clear that the landlord was ever made aware of the issue, let alone why your air conditioner would affect your water bill

  4. #4
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Hidden Flaws in a Rented Home

    Quote Quoting LiedTo
    View Post
    A month goes by and she stops by for rent again. I pay and she then in forms me that she is selling the house and I would have to move by the 20th of this month.
    Its the 7th and I have yet to find a place. I know an apartment is available and I could lock it down right now, but it would mean having to find a place or even a home for my dog. Im looking high and low for a house but im also not trying to move my girlfriend into a dangerous ghetto. So far every home ive gone to look at shows all the classic signs if being the worst neighborhoods.
    Should I file a complaint to try and buy time to find a place? Do I have any grounds to sue? Im unafraid of arguing my case in small claims but really dont have time to dive into law books at the moment.
    OK, that was a big wall of text, but little of it is relevant at all. Here is what we need to know.

    1.) Do you have a lease? If so, what is the lease term? What if any damage is the landlord responsible for according to the lease that you paid for out of your own pocket?
    2.) If you do not have a lease, how often do you pay rent? (weekly, monthly?)

    You do not need to file a claim with anyone to stay longer to find a place. The fact she is selling doesn't terminate your lease, verbal or written. She needs to give you proper notice of termination of the lease, or she needs to legally evict you for cause. Until she does one of those two things you can live in the house.

    You can sue her but I don't see anything you can expect to recover yet. If she somehow prevents you from continuing to live in the house before your lease is properly terminated then you could recover damages related to that. However I do not see anything in the original post that would result in you winning damages at this point.

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