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Are our rights being violated by our landlord?

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hillaree21

Junior Member
What is the name of your state? California

We moved into our apartment in July of 2007. It is just me and my husband, we live quietly, we are clean, we pay our rent on time every month...I'd say we are pretty good tenants.

Our neighbors below us hate us. They constantly file complaints with our leasing office, for whatever reason they can find. The first complaint was last summer. We had beach towels hanging over the back of some chairs on our balcony to dry and some of the sand blew over on to their balcony. They filed a complaint and our leasing office called us and told us to "take care of it". We went downstairs, apologized and cleaned every speck of dirt off of their balcony. Keep in mind, we live about 5 minutes from the beach, so there is sand everywhere anyways. Our cars are covered in sand. A few weeks later, we recieved a noise violation because the people below us complained that they can hear our toilet flush at all hours of the night. We were reminded by the leasing office that quiet hours are from 10pm-7am. Does this mean I can't flush the toilet if I go to the bathroom because it bothers my neighbors? After that incident, we recieved another violation because our barbeque grill smoke bothered the neighbors below us. Even though, as stated in our lease agreement, we are allowed propane grills. But because the smell bothered our neighbors, we are not allowed to use it anymore. We recieved another noise violation in Decemeber (except this time we weren't even home, my husband was on leave so we went to Texas for 3 weeks for Christmas) because they said they could hear us having sex. We weren't even here!! We even showed them the dates on our plane tickets proving we were out of town. But we still got the violation and it still went on our rental history. Most recently, today in fact, we recieved another violation because of my flower pots that are on my balcony. Our neighbors filed a complaint saying that they are "safety hazards" and if we had an earthquake, it could kill one of them. My husband and I got so fed up with this and went down to the office to talk to the manager. She told us that we had to immediately remove any hanging plants, bird feeders, decorations, or flower pots that are on our balcony because it could hurt someone if it fell. However, in the lease agreement, it says that I can have these things, as long as they don't hang over the balcony below us, which they don't. She got smart and said "are your flowers more important than a human life?" For one thing, if there was an earthquake...why would my neighbors be hanging out on their patio? For another, it would take alot for my flower pots to fall off and over the balcony. My plants have been there for months and we never had a complaint until today. The leasing manager also said "if you had a red pot, and your neighbors didn't like it, you would have to take it down because it is offensive. If you have a cross and they are not Christians, you would have to take it down because it is offensive. If they think your balcony is decorated better than theirs, and they don't like it, you would have to remove the decorations. Our community prides itself on uniformity." I do not pay $1200 a month on a one bedroom, one bathroom apartment to be told what I can and cannot have on my balcony. I adhere to what is in my lease agreement, but none of these things are in there. To top off that nonsense, we have been paying $16/month for renters insurance and I recieved a letter in the mail a few days ago saying our renters insurance was cancelled since November of last year. I called the office and asked where that money was going and they had nothing to say! Am I just picky or do I not have any rights??? I should not have to change the comfort of my lifestyle because one person does not like it. We drove around the entire complex and there are people who have huge plants, tons of pots and decorations, way more than I did (I had five small planters) and they are allowed to keep them up because their neighbors don't complain. Please tell me there is a legal way to get out of this place???
 


Zigner

Senior Member, Non-Attorney
Please tell me there is a legal way to get out of this place???
If you have a 1 year lease, you should be able to move in a little over 3 months.
If you don't have a long-term lease (ie: you are month to month), then you should be able to give notice as required by the lease (rental agreement), or as dictated by state law (if it's not addressed in your lease)
 

hillaree21

Junior Member
We are suppose to move out in July when our lease is up, but my husband doesn't get out of the military until October and base housing won't let us move in unless he has over 6 months left in service. We were going to sign a month to month lease until we moved to Az.
 

FarmerJ

Senior Member
When you said your going to sign a month to month lease I hope you mean your doing it somewhere else ? YOUR LL is nuts If it were me I would have no hesitation to tell your LL in writting that your going to follow the terms of your lease and IF They have a problem with any aspect of using the rental as the lease allows they better plan on going to court. NOW with that said use a self storage and put as much as you can into it ahead of time and clean and take pics of the unit that the film proccesor can date for you, leave the unit cleaner than you got it. AND live with having to move 2 times in one year. Make sure you give notice to your LL via certified mail that you have no intention of renewing the lease and will remain in possession of the unit until the last day of the lease.
 

hillaree21

Junior Member
NO we are definately going to go somewhere else for the month to month. There is no way I'd stay here. I did tell my LL that I would only comply if those things were listed in my lease and she said she has no problem evicting if we do not comply. Being the better person that I am, I did comply but it makes me SO mad to know that we have to change everything about our lifestyle to accomodate the people downstairs. We are definately going to do everything right, we put a $900 deposit on this place and I've read review on apartment ratings that they never give back deposits, no matter what you do.
 

ecmst12

Senior Member
I agree with farmer - there is no way you should comply with any terms NOT specified in your lease. If your lease says you can have flower pots on your balcony, then you can have them, and you can't be evicted for it. BTW, if there's an earthquake, your neighbors should GO INSIDE and not stand out on the balcony waiting for things to fall on them. If your lease says you can have a grill, then use the grill. THEY are bound by the lease as much as you are, and they can't go changing terms because they feel like it, or because someone is offended, or because you're not "uniform".

Not to mention the complaints that you are FLUSHING YOUR TOILET. Come on. How do they even know it's you? Water pipes are connected throughout the building, it could be someone on either side of you that they're hearing. And using the bathroom is a normal part of life, there's no way to flush louder or quieter then anyone else, and the sound of running water does not violate "quiet hours".

And just for good measure, I think you should spend the last 2 or 3 weeks of your tenancy there having EXTRA loud, obnoxious sex, EVERY night, as many times and as late as you can manage. JUST because your neighbors are idiots and deserve it, after harassing you for the past year.

And when they don't return your deposit, take them to court.
 

FarmerJ

Senior Member
Yup thats why I said to take pics and also to super clean every thing ,and to use a self storage so its easier to clean. Make sure to send then your new address before you vacate via confirmed mail delivery and plan on using your pics to show how clean you left the unit in a court if you have to.
 
If you have written proof that the same neighbors are the reason behind every violation, I would take them to small claims for harassment. Take those plane tickets if you still have them to prove no one was in your apartment on those dates. That violation you should have fought harder somehow. That doesn't seem right at all!

If you can prove it was them every time, I think you can be awarded enough for your moving expenses.

Definately find a new place tho' like everyone else advised. Sounds like they don't play fair!
 

acmb05

Senior Member
I think you should also send them a demand letter for the renters insurance you have been paying for that was canceled. If for some reason you have to go to court for your deposit make sure you add that into it also.

Oh yea and as far as the loud obnoxious sex, you should get pics/video with sound of that also and post it on youtube so that we can judge if it is loud enough to be heard in an adjoining apartment.:D:D
 

Tezzy

Junior Member
I was wondering if the OP should also contact their base housing office. Do they keep a list of approved and banned apartment complexes for off base housing ? If the complex gets enough complaints, then the base may forbid an military member from renting there in the future.
 

Hot Topic

Senior Member
Hold your horses, Tezzy. Because the OP is unhappy with the landlord - and rightfully so - doesn't mean that everyone else with a connection to the military in that complex is. Or that they have nuts living under them.
 

Alaska landlord

Senior Member
Ignore all complaints and file multiple complaints on your neighbor. You are living in the twilight zone of political correctness. Move out at the end of your lease and sue for your insurance deposit if necessary.
 

ecmst12

Senior Member
I didn't even see the part about the renters insurance.

Stop paying whatever you have been paying the complex for this and obtain your OWN renters insurance. Provide the complex with a copy of the dec page if they ask.
 

hillaree21

Junior Member
OKAY...so I called Geico and bought renter's insurance. And to be extra sure, I asked if -hypothetically speaking- there was an earthquake and my flower pots fell on someone's head, would my renter's insurance cover it? YOU BET YA! Geico has a $500 deductable...but anything after that Geico would take care of. And just so you guys know, we drove around the complex yesterday again, and no one else has taken down their decorations/flower pots, etc. In fact, right by the office, where some person had a green house on their freakin patio, their next door neighbor put up a 10 ft totem pole!!!! This is right in front of the office. SO I'm putting my pots back out tomorrow. My mom suggested that I call the city chamber of commerce...and file a complaint of harrassment against this place. The people who live below us are NUTS. they parked their car, once again, in the fire lane when i had to leave for work on thurs, so i had to wait almost 5 minutes for them to move it so that I could back out without hitting their car! I snapped a photo though and Im just gonna keep tabs on what they do. Also, they have a huge umbrella thing over a table on their patio, and the umbrella is really high and bright orange. I don't think I like the color orange, so I'm going to file a complaint on that.
 

hillaree21

Junior Member
And I called the office about the renters insurance again and demanded to speak to the manager (she hasn't been returning phone calls). I finally got her on the phone and after us arguing for above 10 minutes, she agreed to give us credit on the renters insurance and take it off of next months rent.
 

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