What is the name of your state? California
Sorry for the LONG post.
3 yrs ago my fiance and I moved into a small 2bd single family home. Upon signing our lease agreement w/ the landlord we were informed that we would not have access to the garage on the property nor the space above. The LL and his wife informed us that the electricity was on a separate meter and that they would only be using the space for the storage of their personal items like a classic car and various odds and ends. They also stated that the space above would eventually be used for the wife's art studio, her place to paint, and NEVER would be rented out to any other tenants. At the same lease signing we were allowed pets on the property. We had only one cat and he was written into the lease. The LLs asked if we had any dogs and we said not at the moment. They said they loved animals and if we decided at a later time to get a dog that would be just fine... they had recently lost two of their dogs and enjoyed all pets. We paid our pro-rated first month of rent (we moved to the new property in the middle of the month) and a security deposit of $1000. Our monthly rent is $1175 due no later than the 5th of each month and if late incurrs a 10% late fee. Our lease term was for one year and after expiration would go to a month-to-month contract under the original lease terms.
When we first moved in we found that the previous tenants had also had pets. And, once the snow melted in Spring we found a 6'x10' area of dog feces that we had to personally clean and remove. The LL apologized for the mess and said they would take $100 off our next month of rent for our time and inconvenience. (The credit was never applied). Periodically after our first year of tenancy we would have various maintenance persons or other handy-men working over at the garage and the on the space above. We didn't really pay too much attention as we thought they were just cleaning up to ready for the art studio. And, the LL would occasionally come over to clean and ready his classic car or boat for various vacations, etc.
We also noticed that the walk-way in front of the main house door was rotting through and posed a danger to anyone who stepped there. We showed the LL our concerns with that and the rotted steps into the pump house. But nothing was ever done. We had a couple of other repair problems with broken outside pipes that one of their workers or they themselves made while on our property when we were not home. And a problem with spiders inside the house. There is a door to access the attic in the bedroom upstairs that has been locked since we took over renting the property and something covering the crawl space access panel, so we can't spray to get rid of spiders, termites and other insects. We have repeatedly informed LL's of these issues and they have gone ignored.
One day in Summer of 2006 we were invited to see the newly remodeled space above the garage by one of the hired hands, who my fiance happened to know personally. They had completely remodeled the space into a very nice studio apartment complete with full kitchen and bath. Sometime that August we were awakened late at night by people climbing up the stairs and talking loudly. We were told by one of the LL's family members (also a friend of my fiance) that they were having a family reunion and a few were staying in the new apartment above the garage. Okay, it was only for a weekend.
Fast forward to Spring '07. The landlord came over again to work in his garage and at the time verbally informed us that they would be allowing their nephew to stay above the garage for a while until he got on his feet. He currently did not have a job, but would start working for them in their ski shop when Winter ski season began. At this point, we were verbally informed that the utilities he used would be deducted from our rent, just to send copies of our electric bill each month. I was getting ready to leave for a two week stay with my parents out of town and the new tenant moved in just before I left... April 26th.
When I returned May 9th I came home with a puppy. I tried calling our LL's to inform them of the pet and my calls went unanswered for about 2 months. The LL's were off in Mexico and were not responding. When they returned, we still had not received any compensation for the electric, which went up almost double. And, at a time when most people look forward to a decline in electric bills. Our bill was just as high as in Winter months and we were not using any heat. About a month later our LL's called about the new dog and accused us of thrashing the house and the dog destroying the property. They wanted to meet the dog and do a walk-through of the property. We fully agreed to their wishes to personally come over and check out the property. Plus, it would allow us to physically show them the problems with the walkways leading to the front door and pump house as well as the broken pipes in the yard that happened when they discarded several old boards and loose decking onto the property while we were away for the Christmas holiday.
The LL's okayed the property and commented on how nicely we had kept the house and how anytime they had ever been over how clean it always was. They loved the little dog (a miniature Australian Shepherd) and said he was fine. We then took them around the property and pointed out the various repairs that were needed and the problem with the spiders and how we were unable to get into the attic space. The LL assured us he would be over at 3pm the next afternoon to unlock the door, and if necessary drill out the lock to allow access to that area of the house. Not only did he not show, he did not call to say he would not be able to make it over. This went on for three scheduled appointments and still a year later we do not have access to that part of our house. And, none of the other repairs to the decking or removal of the debris has been acknowledged. In June 2007 we had a faulty light fixture that needed repair on our front portch light and called to report it to the LL. He had their maintenance man over to fix it, but to this day still remains half done, with an exposed electrical wire hanging from the light. We have voiced our concern to LL's several times with the response that it was a dead wire and didn't matter.
In June 2007 the maintenance man was over again, but not to make any repairs to our property. He was now erecting a new "privacy" fence between our house and the garage/apartment. Also on our electric bill, which has yet to be reimbursed. After informing the LL's several times verbally and once in person of the hazards to the walk-ways, etc. I called out a city inspector. It was over 30 days after the LLs had personally inspected the property. The inspector did a walk-through of the outside of the property and a quick run of my insect complaints inside and found several violations. The main violations that we were unaware of was that the garage apartment, new fence and the electric box had all been done illegally without the permission of the city and without proper permits. So, not only are we paying another unit's electric bill, but it is on an illegal unit.
We have been struggling now financially and our electricity is over $300/mo plus all our other monthly living expenses have increased. We are late with rent and paying an additonal 10% late fee as a result. My finace has acquired a third job to help with the expenses because we have fallen behind in rent by a couple of weeks. The landlord is now demanding an additional security deposit of $1175 "for the unexpected puppy" (the cat died, so we still only have one pet as our lease states is allowed). We have not received one penny in compensation for any electricity which has been shut off at least twice because we are having difficulty paying such high fees. And, when my fiance called to ask why we have received no reimbursement for power bills and why was the bill so high if apartment is using propane heat (which they claim it uses). They actually said their nephew doesn't use any electricity other than hot water, water (private well) and lights... he doesn't even take a shower every day, so it can't be that much. We have tallied up the actual usage difference from the first two years before the apartment was rented out and the usage has gone from around 700-900 KWH to 1700-2000 KWH more than double than we ever used before. The LL is threatening us telling us we have no rights, they will be right with their lawyers and we will loose and to put the F-ing money in the F-ing bank. They have credited us with $640 toward our additional security deposit from the unpaid electric. Not even close to what they actually owe. And still have not made any repairs to the property.
We have been in contact with a free legal advice attny in CA and he has told us to go ahead and file our complaint with the city formally and to take them to small claims. Is it even legal for them to add an additonal security deposit (verbally) without any new contract or update to our current month-to-month contract? Do we have a leg to stand on if we decide to pursue this in court now that we are behind on rent? If we were given the money we are owed in power bills it would bring us current to April, but as it stands now, with the extra month they are "requiring" for an additional security deposit that puts us a month behind.
We are at our wits end, and wish we could simply move, but have no money to secure a new place. And, to top it off we have a baby on the way... the stress is really causing me to have some difficulty with my pregnancy. I just wish we could move and sue later, but we just don't have the financial means right now.
Thank you for reading my NOVEL...
I apologize for it being so LONG, We really appreciate any advice anyone may offer!
GraFXGirl
Sorry for the LONG post.
3 yrs ago my fiance and I moved into a small 2bd single family home. Upon signing our lease agreement w/ the landlord we were informed that we would not have access to the garage on the property nor the space above. The LL and his wife informed us that the electricity was on a separate meter and that they would only be using the space for the storage of their personal items like a classic car and various odds and ends. They also stated that the space above would eventually be used for the wife's art studio, her place to paint, and NEVER would be rented out to any other tenants. At the same lease signing we were allowed pets on the property. We had only one cat and he was written into the lease. The LLs asked if we had any dogs and we said not at the moment. They said they loved animals and if we decided at a later time to get a dog that would be just fine... they had recently lost two of their dogs and enjoyed all pets. We paid our pro-rated first month of rent (we moved to the new property in the middle of the month) and a security deposit of $1000. Our monthly rent is $1175 due no later than the 5th of each month and if late incurrs a 10% late fee. Our lease term was for one year and after expiration would go to a month-to-month contract under the original lease terms.
When we first moved in we found that the previous tenants had also had pets. And, once the snow melted in Spring we found a 6'x10' area of dog feces that we had to personally clean and remove. The LL apologized for the mess and said they would take $100 off our next month of rent for our time and inconvenience. (The credit was never applied). Periodically after our first year of tenancy we would have various maintenance persons or other handy-men working over at the garage and the on the space above. We didn't really pay too much attention as we thought they were just cleaning up to ready for the art studio. And, the LL would occasionally come over to clean and ready his classic car or boat for various vacations, etc.
We also noticed that the walk-way in front of the main house door was rotting through and posed a danger to anyone who stepped there. We showed the LL our concerns with that and the rotted steps into the pump house. But nothing was ever done. We had a couple of other repair problems with broken outside pipes that one of their workers or they themselves made while on our property when we were not home. And a problem with spiders inside the house. There is a door to access the attic in the bedroom upstairs that has been locked since we took over renting the property and something covering the crawl space access panel, so we can't spray to get rid of spiders, termites and other insects. We have repeatedly informed LL's of these issues and they have gone ignored.
One day in Summer of 2006 we were invited to see the newly remodeled space above the garage by one of the hired hands, who my fiance happened to know personally. They had completely remodeled the space into a very nice studio apartment complete with full kitchen and bath. Sometime that August we were awakened late at night by people climbing up the stairs and talking loudly. We were told by one of the LL's family members (also a friend of my fiance) that they were having a family reunion and a few were staying in the new apartment above the garage. Okay, it was only for a weekend.
Fast forward to Spring '07. The landlord came over again to work in his garage and at the time verbally informed us that they would be allowing their nephew to stay above the garage for a while until he got on his feet. He currently did not have a job, but would start working for them in their ski shop when Winter ski season began. At this point, we were verbally informed that the utilities he used would be deducted from our rent, just to send copies of our electric bill each month. I was getting ready to leave for a two week stay with my parents out of town and the new tenant moved in just before I left... April 26th.
When I returned May 9th I came home with a puppy. I tried calling our LL's to inform them of the pet and my calls went unanswered for about 2 months. The LL's were off in Mexico and were not responding. When they returned, we still had not received any compensation for the electric, which went up almost double. And, at a time when most people look forward to a decline in electric bills. Our bill was just as high as in Winter months and we were not using any heat. About a month later our LL's called about the new dog and accused us of thrashing the house and the dog destroying the property. They wanted to meet the dog and do a walk-through of the property. We fully agreed to their wishes to personally come over and check out the property. Plus, it would allow us to physically show them the problems with the walkways leading to the front door and pump house as well as the broken pipes in the yard that happened when they discarded several old boards and loose decking onto the property while we were away for the Christmas holiday.
The LL's okayed the property and commented on how nicely we had kept the house and how anytime they had ever been over how clean it always was. They loved the little dog (a miniature Australian Shepherd) and said he was fine. We then took them around the property and pointed out the various repairs that were needed and the problem with the spiders and how we were unable to get into the attic space. The LL assured us he would be over at 3pm the next afternoon to unlock the door, and if necessary drill out the lock to allow access to that area of the house. Not only did he not show, he did not call to say he would not be able to make it over. This went on for three scheduled appointments and still a year later we do not have access to that part of our house. And, none of the other repairs to the decking or removal of the debris has been acknowledged. In June 2007 we had a faulty light fixture that needed repair on our front portch light and called to report it to the LL. He had their maintenance man over to fix it, but to this day still remains half done, with an exposed electrical wire hanging from the light. We have voiced our concern to LL's several times with the response that it was a dead wire and didn't matter.
In June 2007 the maintenance man was over again, but not to make any repairs to our property. He was now erecting a new "privacy" fence between our house and the garage/apartment. Also on our electric bill, which has yet to be reimbursed. After informing the LL's several times verbally and once in person of the hazards to the walk-ways, etc. I called out a city inspector. It was over 30 days after the LLs had personally inspected the property. The inspector did a walk-through of the outside of the property and a quick run of my insect complaints inside and found several violations. The main violations that we were unaware of was that the garage apartment, new fence and the electric box had all been done illegally without the permission of the city and without proper permits. So, not only are we paying another unit's electric bill, but it is on an illegal unit.
We have been struggling now financially and our electricity is over $300/mo plus all our other monthly living expenses have increased. We are late with rent and paying an additonal 10% late fee as a result. My finace has acquired a third job to help with the expenses because we have fallen behind in rent by a couple of weeks. The landlord is now demanding an additional security deposit of $1175 "for the unexpected puppy" (the cat died, so we still only have one pet as our lease states is allowed). We have not received one penny in compensation for any electricity which has been shut off at least twice because we are having difficulty paying such high fees. And, when my fiance called to ask why we have received no reimbursement for power bills and why was the bill so high if apartment is using propane heat (which they claim it uses). They actually said their nephew doesn't use any electricity other than hot water, water (private well) and lights... he doesn't even take a shower every day, so it can't be that much. We have tallied up the actual usage difference from the first two years before the apartment was rented out and the usage has gone from around 700-900 KWH to 1700-2000 KWH more than double than we ever used before. The LL is threatening us telling us we have no rights, they will be right with their lawyers and we will loose and to put the F-ing money in the F-ing bank. They have credited us with $640 toward our additional security deposit from the unpaid electric. Not even close to what they actually owe. And still have not made any repairs to the property.
We have been in contact with a free legal advice attny in CA and he has told us to go ahead and file our complaint with the city formally and to take them to small claims. Is it even legal for them to add an additonal security deposit (verbally) without any new contract or update to our current month-to-month contract? Do we have a leg to stand on if we decide to pursue this in court now that we are behind on rent? If we were given the money we are owed in power bills it would bring us current to April, but as it stands now, with the extra month they are "requiring" for an additional security deposit that puts us a month behind.
We are at our wits end, and wish we could simply move, but have no money to secure a new place. And, to top it off we have a baby on the way... the stress is really causing me to have some difficulty with my pregnancy. I just wish we could move and sue later, but we just don't have the financial means right now.
Thank you for reading my NOVEL...
I apologize for it being so LONG, We really appreciate any advice anyone may offer! GraFXGirl