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Can landlord do this to me...legally?

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tambria

Junior Member
What is the name of your state? California

This is a tad lengthy, but the details seem important, and hopefully someone will take the time to read.

I have a lease renewal agreement for a 2 bd, 1 1/2 bath apt in southern CA which expires on June 30 of this year. The previous owner that my original lease began with sold the property to a large corportation. The lease renewal is with the new owners. The new owners have been renovating for past 3 months and expect it to go on for another 3 months. (NOTE: I believe the company knew and planned the renovation at the time I signed the new lease, but I was never advised of what was in store)

The renovation has made the 60 plus apt complex into a construction zone. Besides the constant noise and the clutter of construction supplies everywhere, So far, 3 of my tires have taken 4 nails, and I've had to replace one of the tires due to damage. Just 2 weeks ago, we went with no hot water for 3 days (fri, sat, sun, part of mon) and no offer of an offset in rent, reduction in utility cost, nothing!

As part of the renovation they are replacing roofing, all plumbing, rotting wood on exterior walls, balconies, and walk ways. Replacing some lighting fixtures, new carpet, painting and new applicances. When I rented the apt I had to provide my own refrig and my own washer/dryer.

I have lots of problems, the first being that the noise, nusiance and constant activity has been difficult. I believe I would have been evicted had I made as much noise as this renovation has created for even one months time.

They are raising the rent on each apt when the tenants lease is up. The renovation of the interior of each individual apt is in fact timed with the ending of the tenants lease. My rent will go up $300 a month and I cannot afford to stay. The owner/management team are allowing tenants that renew their lease the option to move into one of the newly renovated apartments and not be living in apt during renovation due to the intrusive nature of all they are doing (breaking out walls, no hot/cold water during 8-5 each day for 6-12 days, 5-10 workmen inside residence each day, all belongings in every cabinet and closet must be packed up for protection, etc.). However, the tenants that are NOT staying are NOT given that option and must LIVE IN THE APT during the DEMOLITION/RENOVATION. That does not feel legal to me.

I live alone with 16 year old daughter. This is just not a workable situation. I have medical problems and was just recently diagnosed with an internal problem needing surgery to correct. I have delayed the surgery until I can move because recovery period will involve restrictions on lifting, etc. I have advised owners verbally and in writing, of my medical condition. They are set to begin this ordeal in my apartment in 4 days and they refuse to schedule my apt for a later date, and they refuse to release me from the last 2 months of my lease so that I can move out and they can do what they like with the apt whenever they want.

One element of the renovation is that my daughter and I will not be allowed in the apt during the hours of 8-5 on the weekdays for anywhere from 5-10 days and the renovation will take 12-14 days. Also, pets cannot be in the house either.

Also, they have notified me that I must REMOVE my refrig, washer and dryer by May 9, or they wrote in my notice they "will dispose of my applicances for me" if they are not removed. And, I cannot store my applicances in the 2 car garage I rent, or anywhere in my apartment or on my patio/balconies. When I moved in 1 1/2 years ago I did not own a washer/dryer, and I purchased a set for no other reason than that apt.

I have three questions.

Are they inviolation of our lease, and my ability to have peaceful enjoyment? And, could I be able to move out and not be held liable for remaining two months rent from lease (that is if they pursued it in court)??

Can they make me remove my appliances or dispose of them if I don't (even though I rented the apartment with no refrig, washer, dryer prsent and was expected to buy, or rent at least the refrig on my own)?

Does anyone know if anyone or any agency that can assist me?

I am running out of time and I have checked with many agencies for help and I'm getting nowhere... I feel very frustrated.

I have never been evicted, never paid late, worked for the same company for 18 years. So, its not about me.

I would appreciate any advice you could offer. Thank you.
[/B]What is the name of your state?
 


Cvillecpm

Senior Member
Have appliances AND your belongings removed and then go stay in motel while you find another apt.

They are effectivly evicting you - research CONSTRUCTIVE EVICTION * not construction eviction * CONSTRUCTIVE EVICTION.
 

Hot Topic

Senior Member
The landlord may not have any choice but to do some of the repairs. My landlord has to replace all the windows on our 70 unit complex in Northern California because they didn't comply with fire department regulations.

Rotting wood on walls, balconies and walkways are probably being repaired because of demands by whatever company insures the property. More than one balcony has collapsed in my city because of structural defects.

See if there's a bar association in your area. Sometimes they have legal clinics where you can talk (briefly) to an attorney for free. If you haven't already, check for any tenant/landlord associations in your area.
 

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