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Old 03-21-2006, 12:17 PM
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what are my rights?


What is the name of your state? California

My wife and I moved into a rental property on Feb 27th 2006. Ever since we moved in it's been one thing after another.

I read that a landlord must provide at least one working phone jack in the unit. This has not been provided and won't be until the 29th of March when the phone company comes back out check it out.

Secondly, we have not had heat since we moved in as the gas heating unit is old and malfuntioning. As a matter of fact, the gas company red-flagged the unit because it does not have a shutoff valve inside the unit. To turn the gas on or off as well as to light the pilot, someone needs to physically crawl under the apartment building!

We have repeatedly requested that these things be fixed as well as the many smaller quirks discovered after we moved in. Our "complaints" to the property manager caused her to invite us to break the lease and move out. As much as want to, we paid movers over $800 to move in and we would have to incur a similar charge to move again.

Is it possible to get her to reimburse us so that we can move out? What are my rights here? The place looked great at first but seems more ghetto as the days pass.
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Old 03-21-2006, 12:27 PM
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Join Date: Dec 2004
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Quote:
Originally Posted by horhey
What is the name of your state? California

My wife and I moved into a rental property on Feb 27th 2006. Ever since we moved in it's been one thing after another.

I read that a landlord must provide at least one working phone jack in the unit. This has not been provided and won't be until the 29th of March when the phone company comes back out check it out.

Secondly, we have not had heat since we moved in as the gas heating unit is old and malfuntioning. As a matter of fact, the gas company red-flagged the unit because it does not have a shutoff valve inside the unit. To turn the gas on or off as well as to light the pilot, someone needs to physically crawl under the apartment building!

We have repeatedly requested that these things be fixed as well as the many smaller quirks discovered after we moved in. Our "complaints" to the property manager caused her to invite us to break the lease and move out. As much as want to, we paid movers over $800 to move in and we would have to incur a similar charge to move again.

Is it possible to get her to reimburse us so that we can move out? What are my rights here? The place looked great at first but seems more ghetto as the days pass.
If the landlord has "invited you" to break the lease then there might (might) be compensation for you....

Please do not make Californians look any dopier and try to do a search next time before posting. We actually have the most spelled out handbook (IMO) on the internet.
[url]http://www.dca.ca.gov/legal/landlordbook/[/url] (probably spelled out because most of us are dopey!!!)

Look up uninhabitable conditions.
If you have a red-flagged dwelling you need to contact your county housing code inspector and see what they say about actually living there.

The landlord cannot just make you move-in and then move-out at your expense. Contact HUD or even a real Estate lawyer for a free consultation if they will. You are most likely (most likely) entitled to some moving compensation.
Quote:
I read that a landlord must provide at least one working phone jack in the unit.

Yup California Civil code 1941.4
1941.4. The lessor of a building intended for the residential
occupation of human beings shall be responsible for installing at
least one usable telephone jack and for placing and maintaining the
inside telephone wiring in good working order, shall ensure that the
inside telephone wiring meets the applicable standards of the most
recent National Electrical Code as adopted by the Electronic Industry
Association, and shall make any required repairs. The lessor shall
not restrict or interfere with access by the telephone utility to its
telephone network facilities up to the demarcation point separating
the inside wiring.
"Inside telephone wiring" for purposes of this section, means that
portion of the telephone wire that connects the telephone equipment
at the customer's premises to the telephone network at a demarcation
point determined by the telephone corporation in accordance with
orders of the Public Utilities Commission.


[url]http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1[/url]
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Last edited by ENASNI; 03-21-2006 at 01:13 PM.
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