Am I legally entilted to financial compensation for this?

[drearyone]

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

For the past 12 years, my small California apartment complex has been owned by a management group.
They have been negligent since day one, and only take care of problems when they have no choice.
Back in August of 2001, I called the owners to investigate a plumbing problem that caused the floor in front of my bathroom to become soaked, along with an obnoxious odor. They sent a plumber who confirmed that there was a problem, and he told me he would make repairs on that Friday.

Friday passed, and the plumber told me he was not given permission to fix the problem, I suppose this is because the symptoms disappeared.

Over the last few years, my bathroom floor gradually became increasingly water logged. Brown crust accumulated in the corners that could not be scraped off. My floor became increasing lumpy, the crust became more prevalent, and the floor started to crack and ooze black fluid.
I showed the landlord the problem, and pestered him about it at least twice every three months. I usually got the same old song and dance that their handyman was busy, but would get to it as soon as possible.
I suppose because my problem was merely considered an inconvenience and the apartment still livable, they continued to do nothing.
Finally, a leak broke through to my downstairs neighbor, forcing them to act.
The landlord said that they would fix it on Saturday,( November 14), but of course no one showed up.
Then, this last Wednesday, I came home at 10:30 PM, only to discover my landlord waiting outside. He told me there was a problem ( DUH!). My bathroom was locked up and torn apart. At this late hour, I had to gather some belongings, without warning, and stay at my folks house.
Four days later,(last night), I could finally use my apartment again. The work is not completed, but the major issues have been remedied.

My question is whether the owners are legally obligated to deduct from my rent check to compensate me for being put out for four days without notification.
No doubt they are morally obligated, but this means nothing. Are they legally ogligated to compensate me, and if so, what would be fair compensation?
I have been ultra-tolerant of these owners only because I am paying below market value for rent.

Any advice or information would be welcome. Thanks.

 

[FarmerJ]

One thing I see you never mentioned was sending them written complaints via certified mail, when a tenant relies on phone calls and face to face converstions memory can become short , one party can deny there ever was a call or talk where as paper trails many times get better attention making it easier to prove your side claim that LL was neglient , at this point you could send then written letter giving a very brief history of first complaint and other complaints about the problem and tell them since they ignored it for so long that your bathroom floor had to be gutted you would like to have 4 days of rent credited to you , (monthly rent divided by 30 to get a daily total) Your free to remind the LL that your not having a bathroom to use and staying elsewhere was a result of them not making repair sooner and maybe suggest in the letter your willing to take a chance on small claims court agreeing with you. Either they will do it and give you a written credit of 4 days of rent OR they wont.

 

[TigerD]

For the past 12 years ... They have been negligent since day one

If you have known this for 12-years, you are pretty much getting what you deserve for staying there.

DC

 

[drearyone]

If you have known this for 12-years, you are pretty much getting what you deserve for staying there.

DC

Yes, but unfortunately, this is the price I must pay if I am to maintain my independence.
My other two choices are to move back home with my parents, or live with roommates. I find both these options less desirable than my owners' negligence.
I will likely not find rent this cheap, so I put up with the inconveniences. This is why I have not been more assertive with the owners. I pay about 150 dollars less than the going rate for a similar apartment.

My reason for inquiring about the legality of their refusing rent credit is not to bring them to a small claims court if they refuse, but rather to know whether I have a legal complaint. I do not want the added friction of taking legal action against them while I am still here.

Based on their track record, I am nearly certain they will refuse me credit. Therefore,when I am in a position to move out, I will file a complaint to the appropriate body.

If anyone knows the appropriate body( or bodies) to file a complaint with in Southern California, I would greatly appreciate it.
.

 

[FarmerJ]

At this point there really is no one to complain to , city /county building inspections wont be able to help you because the repair has been done so its pointless to call them, BBB useless. local consumer advocacy programs ,pointless repair is made. If nothing else again ask for a 4 day reduction , no matter which way they decide on it any time in the future any complaints re repairs you have send them via certified mail and if you have to take pics so you have it for your records until you plan your eventual move.

 

[drearyone]

Although I would like to file a complaint against them when I leave, my immediate concern is the legality of the owners refusing me four days credit when I ask for it via certified mail.

Therefore, regardless of past negligence, my question is as follows: Will my owners be breaking the law when they refuse to grant me four days credit from being displaced from my apartment?

The nature of any complaint I might make would vary depending on whether their action( or inaction), will be illegal, or merely immoral.

 

[ecmst12]

Your landlord can not legally collect rent for any time when the apartment is uninhabitable.

 

[TigerD]

Nope.

But you might want to consider moving away from the PRC to a state with more reasonable policies where you might find a decent place to live at an affordable rate.

DC

 

[phase08]

Yes, but unfortunately, this is the price I must pay if I am to maintain my independence.My other two choices are to move back home with my parents, or live with roommates. I find both these options less desirable than my owners' negligence.I will likely not find rent this cheap, so I put up with the inconveniences. This is why I have not been more assertive with the owners. I pay about 150 dollars less than the going rate for a similar apartment.

You’ve answered your own question – several times.
You get a cheap apartment and your independence in exchange for putting up with some inconvenience. If you don’t want the friction of legal action, then don’t pursue legal action. OTOH, if you truly feel you are entitled to be reimbursed for 4 days rent, then sue the landlord, endure the friction and let the chips fall where they may. No one can predict the outcome. You can’t have it both ways. Clearly, your rental situation has more plusses than minuses or you wouldn’t have stayed there for 12 years – irrespective of the LL’s alleged ‘negligence’.

 

[drearyone]

You’ve answered your own question – several times.
You get a cheap apartment and your independence in exchange for putting up with some inconvenience. If you don’t want the friction of legal action, then don’t pursue legal action. OTOH, if you truly feel you are entitled to be reimbursed for 4 days rent, then sue the landlord, endure the friction and let the chips fall where they may. No one can predict the outcome. You can’t have it both ways. Clearly, your rental situation has more plusses than minuses or you wouldn’t have stayed there for 12 years – irrespective of the LL’s alleged ‘negligence’.

It was never my intent to pursue legal action due to the friction that would be created. I merely wanted to know if they were breaking any laws.
My reason for the inquiry is to determine if I would have a valid complaint to send to a governing body if and when and I am able to move out.
As I stated previously, the nature of my complaint would depend on whether or not they broke any rental laws.
I did not answer my own question. I did , however, predetermine how I would respond to the situation both before and after I move out, depending on the answer.
So far, the poster from Pennsylvania did answer my question, although I would like to know if the answer is the same in California, and also if there is a document I can find to site such a law when I file a complaint.

 

[ecmst12]

It's true in every state, that particular tidbit. Different states/towns have different definitions of what makes a dwelling uninhabitable. Read the CA landlord tenant laws.

 

[drearyone]

More advice requested pertaining to this update.

I sent the owners a certificated letter explaining the circumstances and requesting a discount of $80 on rent for January 1st.

The letter came back to me as " not deliverable as addressed" Apparently the address I have from 2001 has changed, or they found a way not to get it.

I just went to ask my landlord for the owners' latest address. He said he did not know it. I find this an interesting response since we give him our rent checks.

I believe my options are as follows, but I want to get others opinions.

1. I have the owner's phone number. I could merely call her and ask for a discount over the phone, but this would put her on the spot and leave no record of her denial.

2. I could try to contact a governing body to find out where I can write to them. This is my first choice, but I would need to know whom I should contact for this information. I would welcome sugggestions.

3. I could deduct $80 from my next rent check with a letter explaining my deduction. however, I will be gone until January 4th, and they could dock me late rent charge if my rent is not paid in full.
This happened once before when I was late only once in 17 years due to a holiday, and they docked me $50.

 

[ecmst12]

If there is a property manager, you can send the letter to that person. You can also send it to the same place you send your rent.

 

[drearyone]

Another interseting update. I just learned from another tenent that the landlord is the owner's brother.
What I think I will do is enclose my next rent check with an updated letter for the rent reduction request.
If I do not get a response, then I will call her a couple weeks after the rent is due.
I am tempted to take the liberty of deducting the rent on my own, but instead I will pay the full rent again while waiting for a response.

I wonder if one can legally refuse certified mail? I have entertained the possiblity that the address has not changed, but they refused it because they surmised the content.
I will try to research their address on Monday, but I am not certain whom I should call first, city hall, chamber of commerce, etc.

 

[ecmst12]

If they refused, it would be marked "unclaimed" rather then "undeliverable".