Results 1 to 8 of 8
  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Default Tenant's Rights with Lease Options - Possible Breach of Contract

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

    I signed a lease option in 7 months ago. When it got cold in December, we discovered the heater was not working. This is the agreement we signed regarding Maintenance and Repairs.

    1.Maintenance and Repairs. Tenant/Buyer shall, at their sole expense, keep and maintain the Premises in good and sanitary condition and state of repair. Tenant/Buyer shall make all necessary repairs to walls, carpeting , ceilings, floors, woodwork, paint, plastering, plumbing, pipes and fixtures in or upon the Premises whenever damage results from the wear & tear, accidents, neglect, abuse or misuse of Tenant/Buyer, Tenant/Buyer’s family, agents, visitors or tenants. Tenant/Buyer shall further replace any damaged light fixtures, appliances, glass , mirrors and fixtures with material the same size and quality when the same are lost or broken by Tenant/Buyer or any other person. Tenant/Buyer shall also cause adequate extermination or other pest control services to be performed during the term of the Lease at their expense. Tenant/Buyer is not authorized to re-model the structures without written consent of landlord/seller. Tenant/Buyer shall affect repairs compliant with current building & planning codes while ascertaining permits when required. On expiration or termination of the lease term and if the option to purchase is not exercised, Tenant/Buyer shall return the Premises to Landlord/Seller in as good condition and state of repair as when originally leased. There shall be no allowance to Tenant/Buyer and no liability on the part of Landlord/Seller by reason of inconvenience or annoyance arising from the making of any repairs, alterations, additions or improvements to the Premises.

    The landlord currently has a legal suit with the previous tennants/buyer who defaulted due to the exact same issues we're experiencing with the house. The previous tennant moved out 4 months prior to us moving in. When questioned about the previous tennant, he never mentioned the default nor that they were on a lease option.

    The landlord refuses to replace the 20year old heater and we have evidence that the heater was not working prior to moving in making the house inhabitable.

    Are we entited to Tennants Rights? Is this a breach of contract? We have small children and the winter conditions is really bad in our area. We want to make the best decision for our family.

    Thanks for your help!

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Tennants Rights with Lease Options - Possible Breach of Contract

    Why not take out an insurance policy on the home? for $42 a month they cover all of the heating, plumbing, electrical etc. Service calls run $60 and if they cant fix an item they replace it for the $60 service call.

    Here is a link to one of the good ones in the business;

    http://www.ahswarranty.com/

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Tenant's Rights with Lease Options - Possible Breach of Contract

    Who pays for the new heater? This warranty in reference does not cover my situation. The appliance is not in working conditioned and therefore would not qualify for coverage.

    My issue is that my landlord put me and my family in this home knowing that the heater was not working and 20 years old therefore making the home unfit to live in.

    Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is not responsible under the implied warranty of habitability for repairing damages which were caused by the tenant or the tenant's family, guests, or pets.

    My question is:

    Is it a breach of contract since the landlord did not indicate upfront the condition of the Heater?

    Because I'm on a Lease Option, am I entitled to tennant rights?

  4. #4
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Tenant's Rights with Lease Options - Possible Breach of Contract

    Quote Quoting hayidodo
    View Post
    Who pays for the new heater?
    Once your policy goes into force in 48 hours, you can put in for a service call.

    I think you should check out the link, you may be able to have a decent outcome from this without going after your landlord.

  5. #5
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Tenant's Rights with Lease Options - Possible Breach of Contract

    Quote Quoting OhMy
    View Post
    Once your policy goes into force in 48 hours, you can put in for a service call.

    I think you should check out the link, you may be able to have a decent outcome from this without going after your landlord.
    OhMy - First off, thank you for responding to my posts. I appreciate it.

    I did check out the link and read that the appliances will be inspected prior to approval. I think it's a great service and seriously considering on signing up. However, it clearly states that the unit will be inspected and must be in working condition.

    Please let me know if I'm misinterpreting this. Thanks again.

  6. #6
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Tenant's Rights with Lease Options - Possible Breach of Contract

    This is from the site....

    My home systems and appliances are old. Does that matter to AHS?
    No. The age of a home or its system components and appliances are not important to AHS. The covered items must be in good working condition and properly maintained at the time coverage is purchased.*

  7. #7
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Tenant's Rights with Lease Options - Possible Breach of Contract

    Quote Quoting hayidodo
    View Post
    This is from the site....

    My home systems and appliances are old. Does that matter to AHS?
    No. The age of a home or its system components and appliances are not important to AHS. The covered items must be in good working condition and properly maintained at the time coverage is purchased.*
    Since your landlord has a history of this your best bet would be to DO THE REPAIRS, then take the landlord to small claims court. If you can get the heater repaired and not replaced for now then you can purchase the home insurance program.

    Prove to the judge that your landlord had a history of this with the prior tenant and see if the judge will issue you a judgment.

    If you like where you are living and just want to be treated fairly, I would let a small claims court settle this for you.

  8. #8
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Tenant's Rights with Lease Options - Possible Breach of Contract

    Quote Quoting OhMy
    View Post
    Since your landlord has a history of this your best bet would be to DO THE REPAIRS, then take the landlord to small claims court. If you can get the heater repaired and not replaced for now then you can purchase the home insurance program.

    Prove to the judge that your landlord had a history of this with the prior tenant and see if the judge will issue you a judgment.

    If you like where you are living and just want to be treated fairly, I would let a small claims court settle this for you.
    Thanks OhMy! What if I don't want to buy the house? Based on the circumstances, will I be able to walk away from this agreement? Just looking at my options. So many things have come up with this person, Iím worried something else will come up when it's time to exercise my options. Trust is gone!

    1. Sponsored Links
       

Similar Threads

  1. Moving Out: Tenant Breaks Lease - What Are My Options
    By landlordrights in forum Landlord-Tenant Law
    Replies: 6
    Last Post: 01-06-2009, 02:23 PM
  2. Purchase Contracts: Lease/Sale Contract Breach Over a Latent Defect
    By undecided_08 in forum Buying, Selling and Conveying Real Estate
    Replies: 2
    Last Post: 09-20-2008, 05:24 AM
  3. Rental Agreements: Military Service and Breach of Lease Contract in Maryland
    By masona in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-19-2007, 07:11 AM
  4. Business Disputes: Breach of Commercial Lease Contract
    By concern in forum Business Law
    Replies: 3
    Last Post: 08-09-2005, 01:32 AM
  5. Hours: Can an Employer Unilaterally End Flex Time
    By suzy in forum Employment and Labor
    Replies: 2
    Last Post: 06-21-2005, 12:36 PM
 
 
Sponsored Links

Legal Help, Information and Resources