Increased Rent but Failure to Provide Amenities in Lease

[jmadero]

What is the name of your state (only U.S. law)? California

Hi Everyone,

Our apartment complex has increased rent by nearly 15% (14.8%) a few months ago. In doing so they directly stated that we would be getting a lot of amenities in return. These included: wood flooring, heated pool, new gym, and a couple other minor things. We've gotten our wood flooring (vinyl of course, looks terrible) but regarding the other ones, I want to know if we've been misled to the point of them breaking the terms of our contract. The contract does not explicitly state the upgrades - instead we got notices left on our door which had the amount of increased rent, and a statement that the increased rent would result in several "upgrades." The upgrades were listed, but no date was provided as to when this would happen. The things listed in the original lease are two pools, two hot tubs, and a gym. On to the issues.

1. The pools got heated relatively quickly but shortly thereafter the pools were drained along with both hot tubs. This happened a couple months ago without notice. Since then I've found out from maintenance that the pools were drained because they were not up to City standards. We haven't heard anything about the pools or hot tub officially from the complex. As of now, one pool has been reopened. The hot tubs are still empty and so is the other pool.

2. When the pools were drained the "gym" (which consists of 7 pieces of equipment for a 300+ unit complex) was locked down for some time. After which it was reopened but power was cut off to it. After I complained they reinstated power but since then two doors have remained locked because there is access to the pool which is drained. For safety concerns they will not open the doors. We can still get into the gym but it is almost unusable because of the amount of heat in the small space and lack of ventilation caused by not being able to open the doors.

They have not provided any notice regarding the above issues. Furthermore the location has undergone a name change to include "luxury" in the name which I find to be false advertising.

What I want to know is if there is:
a) anything we can do about it?
b) a law or regulation that I can cite that says how long they have to fix the problems?
c) any other advice people can give?

We don't live on the side of the complex with the pool nearest to us but I am yet to see a single person working on getting it filled. Furthermore both hot tubs just have caution tape around it, no notice whatsoever. It appears like they don't want to tell residents that their pool wasn't up to standards and this is why they are not telling us what is going on.

My wife and I don't want to move out but we feel wronged in that we signed a new lease despite the 15% increase because of these upgrades that were listed to us on paper slips put in to our door. Instead we now have less amenities than we did before (at least before we had two pools and two hot tubs) but yet they are still charging us the increased rent + new pet rent + now we pay for our own water which before was paid by the complex.

Thanks

 

[Searchertwin]

These included: wood flooring, heated pool, new gym, and a couple other minor things. We've gotten our wood flooring (vinyl of course, looks terrible)

End result - you got the new floor how it looks to you is not important.
An upgrade as promised

The upgrades were listed, but no date was provided as to when this would happen

.
You got the floor.
This is at their time, not yours, that is why there is no date.
Plus they are repairing the problems. Just because you say "jump", doesn't mean they have to.

1. The pools got heated relatively quickly but shortly thereafter the pools were drained along with both hot tubs. This happened a couple months ago without notice. Since then I've found out from maintenance that the pools were drained because they were not up to City standards. We haven't heard anything about the pools or hot tub officially from the complex. As of now, one pool has been reopened. The hot tubs are still empty and so is the other pool.

When one is notify by the city about a defect, repair, etc, they will instantly close it off. In this case sounds like a safety issue.
So is LL doing the right thing? Yes - He is fixing the items one step at a time.
He has open one pool quickly to meet the needs of the tenants.

2. When the pools were drained the "gym" was locked down for some time. After which it was reopened but power was cut off to it. After I complained they reinstated power but since then two doors have remained locked because there is access to the pool which is drained. For safety concerns they will not open the doors. We can still get into the gym but it is almost unusable because of the amount of heat in the small space and lack of ventilation caused by not being able to open the doors.

The key words here are safety concerns. Again LL is meeting the needs of the tenants as quickly as possible. The end result, you have the gym available to use. If it’s to hot for you, than that tells one that you don’t exercise as much when the doors are open.

What I want to know is if there is: a) anything we can do about it?

Nope

b) a law or regulation that I can cite that says how long they have to fix the problems?

There is, but they are addressing the problems. Not to your satisfaction, so what?

c) any other advice people can give?

Give the management time to do what they need to do and stop whining. Now, if they were not doing doing NOTHING, than you might have an fighting case.

They have not provided any notice regarding the above issues.

“ have caution tape around it,”

What does this mean? Come on in?

 

[jmadero]

First let me be the first to priase you on your incredibly professional attitude and your well thought out writing skills (clearly I'm not being serious, in case you missed that). Moving on...

Your assumption about how often I work out is absurd. I walk in and it's got to be 95+ in the room and I'm drenched solid within a few minutes. This isn't the apartment providing a useable gym. If they don't have to, that's fine. But to suggest that they are and I'm just not "fit enough" to appreciate it, is just absurd.

Next, what is a "reasonable" length of time for me to be patient. We have a 6 months lease, it's been 2ish months of waiting with a pool down and two hot tubs down. I am yet to see someone even working on the two hot tubs or the other pool.

Next, I agree, my point about the look of the crappy wood was irrelevant so, point taken.

With the two hot tubs, we were told we would have two, so yes they gave us a pool, they haven't given us a hot tub, no work being done, what is a reasonable expectation from my side.

I guess as a hypothetical given your information. If I signed a 6 month lease on January 1st and it guaranteed two hot tubs, on January 10th it was closed due to safety concerns and the entire 6 months went by without the hot tubs, I'm owed nothing. Despite in my lease it saying I get two hot tubs, their inability to keep their things up to standards results in me not getting what I was guaranteed in a contract.

I'll quit whinning when I get what I was guaranteed in my lease. The other things, fine, they can put in crappy looking flooring, or delay the other things, and we can either accept these or move out at the end of our lease, but things that were guaranteed (a gym, I assume that means a gym people can actually use), two pools, and two hot tubs, should at least have a ETA provided to tenants.

As for caution tape notifying us, that's also ridiculous. I have spoken with a couple other tennants who said they were under the impression that these changes were planned and were upgrades. They aren't either, they are forced shutdowns due to the apartments inability to keep up with standards. Their ability to hide these facts to protect their name seems a bit strange to me, but, I'm not top notch professional like yourself.

Appreciate the feedback, even if half of it was rude and most of it wasn't very informative. The little bit that was useful is appreciated

 

[Silverplum]

First let me be the first to priase you on your incredibly professional attitude and your well thought out writing skills (clearly I'm not being serious, in case you missed that). Moving on...

Perhaps future advisors should MOVE ON, as well.

Your assumption about how often I work out is absurd. I walk in and it's got to be 95+ in the room and I'm drenched solid within a few minutes. This isn't the apartment providing a useable gym. If they don't have to, that's fine. But to suggest that they are and I'm just not "fit enough" to appreciate it, is just absurd.

Next, what is a "reasonable" length of time for me to be patient. We have a 6 months lease, it's been 2ish months of waiting with a pool down and two hot tubs down. I am yet to see someone even working on the two hot tubs or the other pool.

Next, I agree, my point about the look of the crappy wood was irrelevant so, point taken.

With the two hot tubs, we were told we would have two, so yes they gave us a pool, they haven't given us a hot tub, no work being done, what is a reasonable expectation from my side.

I guess as a hypothetical given your information. If I signed a 6 month lease on January 1st and it guaranteed two hot tubs, on January 10th it was closed due to safety concerns and the entire 6 months went by without the hot tubs, I'm owed nothing. Despite in my lease it saying I get two hot tubs, their inability to keep their things up to standards results in me not getting what I was guaranteed in a contract.

I'll quit whinning when I get what I was guaranteed in my lease. The other things, fine, they can put in crappy looking flooring, or delay the other things, and we can either accept these or move out at the end of our lease, but things that were guaranteed (a gym, I assume that means a gym people can actually use), two pools, and two hot tubs, should at least have a ETA provided to tenants.

As for caution tape notifying us, that's also ridiculous. I have spoken with a couple other tennants who said they were under the impression that these changes were planned and were upgrades. They aren't either, they are forced shutdowns due to the apartments inability to keep up with standards. Their ability to hide these facts to protect their name seems a bit strange to me, but, I'm not top notch professional like yourself.

Appreciate the feedback, even if half of it was rude and most of it wasn't very informative. The little bit that was useful is appreciated

 

[FarmerJ]

Have you been at your city hall inspections desk to read a copy( or pay for a copy to keep for you ) of the work order or what ever it was they were issued by the city ? its public information this way you can see for your self what the deal was and then and only then if you decided to speak with a atty then you will have it on hand incase the atty wishes to see it.

 

[Searchertwin]

Your assumption about how often I work out is absurd. I walk in and it's got to be 95+ in the room and I'm drenched solid within a few minutes. This isn't the apartment providing a useable gym. If they don't have to, that's fine. But to suggest that they are and I'm just not "fit enough" to appreciate it, is just absurd.

Not absurd. If the gym was cool or hot, if you work out hard, you will sweat. The fact is the gym was open. Maybe not to your liking, but it was open.

Next, what is a "reasonable" length of time for me to be patient. We have a 6 months lease, it's been 2ish months of waiting with a pool down and two hot tubs down. I am yet to see someone even working on the two hot tubs or the other pool.

what is a reasonable expectation from my side.

The management is repairing the problems. Period. You can whine, you can kick and scream, they are fulfilling their obligations within a reasonable time frame with the jobs that require more time than a simple electric socket to be replaced.
Plus you have to take into consideration of weather, scheduling workers, ordering parts and waiting for parts. They are not magicians. Let's use a little common sense here.

I'll quit whinning when I get what I was guaranteed in my lease. The other things, fine, they can put in crappy looking flooring, or delay the other things, and we can either accept these or move out at the end of our lease, but things that were guaranteed (a gym, I assume that means a gym people can actually use), two pools, and two hot tubs, should at least have a ETA provided to tenants.

Get your tissues, you will have to wait till they finish with the jobs. Would knowing a date really make the difference to you?
That's just pettiness on you.

As for caution tape notifying us, that's also ridiculous.

No, it was a notice to you to indicate to stay out and for your safety.

I have spoken with a couple other tennants who said they were under the impression that these changes were planned and were upgrades. They aren't either, they are forced shutdowns due to the apartments inability to keep up with standards

.
So? They are being addressed. Again, pettiness.

Advice: Stop whining, go to office and ASK about a time that they believe that the projects would be completed. See how simple?