Keys, Cats, and Repairs

[youngidealist]

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


Here are the circumstances regarding a condo that I share with 3 roommates:

1. The three of us have signed promises to sign a lease which the owner wishes us to sign together in the same place. We are all college students and we've been coordinating this agreement over the summer so that's been difficult to do, but we have each paid more than just our first months rent.

2. I own 2 cats and the owner is allergic to animals. He agreed to accept them living in the condo with a few conditions such as that if he couldn't come in to do repairs on his condo because of them, then I would arrange to move out. I agreed because in my circumstances this is my best opportunity that I have. My parents don't support me and my roommates are the closest thing I have to stability while I attend school.

3. One roommate was already living in this condo and his older two roommates had graduated and moved out. When the owner had me sign the promise to sign a lease he had this roommate, I'll just call him Sean, give me the keys to the apartment which he had gotten from the former roommates before they left. But Sean didn't have two full sets of keys from them, he didn't even have one, and he told the owner this. He had one set of two keys and a spare key to the side door while the house takes three total to get in and out (two locks are on two doors each, the dead bolt lock for both uses the same key and we were missing all copies of it). I was given another key and was told that it sometimes worked on the front door, but I could never get it to work. We informed the owner of this situation to the best of our ability, but he would not completely listen to us at any one point and wanted us to just tell him that it's possible to get in and out of the condo. Understand that we both could get in and out but I couldn't get in if there was a bolt lock set on the one door I had a key to.

4. My cats were caught one day clawing the front window screen and cuts from them could be seen. I reprimanded them and accepted the responsibility of having it replaced before I moved out.

5. One night, while both roommates were out of town a friend and I were in a hurry to leave and pick another friend up. Since my guest quickly left out the front door (my key was for a side door) I quickly locked up everything and turned off the lights. I was so used to going out the side door that I figured an error might be made in this haste so I left the front window open because it had a complex blockade of boxes that would make it difficult for anyone to get into and we were coming right back anyway. When we got back, I found that I had reflexively locked the bolt lock to the side door and was thus locked out, and I also realized that in my haste I had left my phone inside. I also noticed for the first time that the window screen was screwed into the outside wall around the window.
I asked a neighbor for a screwdriver and all he could loan me was a pocket knife utility with a short flip out screwdriver. There was a hedge in the way as well making it difficult to reach the top of the screen. When I had all but the top right screw out, I moved it around gently to see if I could make my way in without removing that last screw and it broke. The material in the corner that broke was a very old cracked plastic. One of the bottom corners had also been broken before I had started on removing it. I got in, let my friends in, and was able to put the secure top left screw and bottom left screw in and fit the bottom right corner around it's screw and the structure stayed in place for the night.
When I woke the next morning the screen had fallen forward onto the hedge. The top left screw had come out of it's socket in the wall and the bottom left corner had cracked in half. I picked the whole thing up carefully and while I held the whole screen from the top bar parallel to the ground and was thinking what to do, the final corner broke under the weight of the screen.

6. When I spoke to the owner and showed him the screen he accepted no responsibility of the event occurring due to him not giving me all of the keys to the condo, he even blamed that part on Sean the roommate for not getting all of the keys from the former roommates. After looking at the broken corners he said that he would not be paying for it because the breaks in the corners proved that it was "forced".



With all of this in mind, I wonder if the owner would in the long run be willing to blackmail me into not making him do repairs because of his sensitivity towards my cats and the conditions he made me agree under. Also, when he says 'forced' it sounds like he's trying to make a legal argument, but at the same time I would think the law might have some idea of actual force that constitutes as "forced". Like at least 5 lbs of pressure required or some means of showing the difference between "forced" and broken upon contact.
Is there any legal preparation I can have to force him to keep me on the lease if he does eventually blackmail me with the pet conditions he made me sign for?
Is he legally responsible at all for the window screen, either because he did not give me the keys or because the corners were old and breaking of their own accord?
He's a nice person and I'm sure that he would listen to reason at some point, but I might need to prove it to him to get him to accept his responsibility.

 

[Alaska landlord]

This is entirely your fault. You could have had the locks re-keyed or replaced. You could have had a locksmith make you a new key. You could have waited and called a locksmith instead of breaking in.

And yes, since you broke the screen, you are responsible.

Wait a few minutes more and a someone will opine that the landlord is totally responsible for everything that just happened. You can then sleep well knowing that you are in the clear..... or so it would appear.

 

[ecmst12]

You broke the screen, you have to pay for the repair.

 

[youngidealist]

No offense to either of you, but I'm not interested in where someone wants to point a finger of blame. I'd like to understand where the law would be involved. Your replies seem more to be expressing bias rather than clarity on the matter.

If the screen was already broken and it rendered itself dysfunctional because of it's own cracks and not because of just the break that was made while I maneuvered it, does the law see it any differently? The way I see it none of the screen broke due to me mishandling it, it broke more so because it was old and cracking and and I simply touched it. Is there any such thing in the law that would express a mutual fault and mutual responsibility in anything? If so then I am very willing to accept that since I was going to replace the screen already. Either way, please also offer some references in your responses to the law if you could. That would be most helpful.

I guess I should also add that the holes in the screen which screwed it into the wall were of the owners making. The screen was not designed to be screwed to the wall in the first place.

 

[Cvillecpm]

The screen was OPERATING PROPERLY until you messed with it. You broke it, you PAY.

You admitted to leaving your key.....other roommates having keys in a different location is not your landlord's fault.

At some point COMMON SENSE needs to appear - get some before you graduate!!!

 

[Alaska landlord]

No offense to either of you, but I'm not interested in where someone wants to point a finger of blame. I'd like to understand where the law would be involved. Your replies seem more to be expressing bias rather than clarity on the matter.

If the screen was already broken and it rendered itself dysfunctional because of it's own cracks and not because of just the break that was made while I maneuvered it, does the law see it any differently? The way I see it none of the screen broke due to me mishandling it, it broke more so because it was old and cracking and and I simply touched it. Is there any such thing in the law that would express a mutual fault and mutual responsibility in anything? If so then I am very willing to accept that since I was going to replace the screen already. Either way, please also offer some references in your responses to the law if you could. That would be most helpful.

I guess I should also add that the holes in the screen which screwed it into the wall were of the owners making. The screen was not designed to be screwed to the wall in the first place.

Then look at your move-inspection list.
Was the screen listed as being in disrepair?

Review your landlord tenant act and read the section that applies to what condition you must return the rental back to the owner.

 

[youngidealist]

The screen was OPERATING PROPERLY until you messed with it. You broke it, you PAY.

You admitted to leaving your key.....other roommates having keys in a different location is not your landlord's fault.

At some point COMMON SENSE needs to appear - get some before you graduate!!!

I'm not being in any way emotional about the issue, and in the end I'm going to do what I need to do regardless. Your insults here are unnecessary as are your opinions. I came for information, not an argument.

 

[youngidealist]

Then look at your move-inspection list.
Was the screen listed as being in disrepair?

Review your landlord tenant act and read the section that applies to what condition you must return the rental back to the owner.

That inspection list goes on the lease right? It did not come as an option to fill out on the promise to sign a lease form that I signed.


Edit: Also does listing the partial degradation or breakage on things on the list, such as the screen, change the outcome of such matters? If it breaks more from my tampering with it, but it was already broken, then will that make it something that the owner should replace in partial or in full?

I just tried calling a locksmith to see what would have been able to happen if I had called one. Sure enough, it would have been a cheaper thing to handle than replacing a screen. I'm considering suggesting to him that he meet me half way at the amount of what it would have cost had I called a locksmith.

 

[Alaska landlord]

No. Before you moved in, there should have been an inspection by the landlord and yourself. Anything in disrepair should have been noted and acknowledged by your LL.
You should have initialed and or written down anything that was damaged at the time you took possession. The form should have been signed by both and the LL should have placed the form in your file. At the end of your tenancy, the landlord will perform another inspection and compared the two. Any pre-existing condition would be exempt from charge unless the damage is extensively worse than when you took possession and it is not attributed to normal wear and tear.

 

[youngidealist]

No. Before you moved in, there should have been an inspection by the landlord and yourself. Anything in disrepair should have been noted and acknowledged by your LL.
You should have initialed and or written down anything that was damaged at the time you took possession. The form should have been signed by both and the LL should have placed the form in your file. At the end of your tenancy, the landlord will perform another inspection and compared the two. Any pre-existing condition would be exempt from charge unless the damage is extensively worse than when you took possession and it is not attributed to normal wear and tear.

Ok, so then, no such inspection or inspection form signing has occurred here. Is it the owner's responsibility to provide it? The normal wear and tear of a screen with holes drilled in the plastic corners that it was not designed for is something that I think should be brought into question here. The plastic aged and dried in varied temperatures and weather conditions. The screen would also be important enough for keeping bugs out to be something that should be fixed by the owner while living here had my handling of it not been in question and it broke down completely of it's own accord. Is that about right?

 

[Cvillecpm]

Few states REQUIRE landlord/tenant to do a move-in inspection. It is ALWAYS prudent and if the landlord does NOT do it, then the tenant should, keep a copy and send a copy to the landlord.

If you do NOT have documentation as to the condition when you moved in, how will you document the condition when vacate?

 

[FarmerJ]

Plastic screen corners DO deteriorate and break easily with age, Fortunately for you they can be bought at local hardware stores for under 1.00 if your willing to replace the broken corner im sure you can find a online vid that will tell you how, Other wise Im sure a hardware store would not charge much if the screen material itself is in good shape to remove the plastic gasket, remove and replace broken corner and re roll the screen back in. As to the lock, Yes you could have paid the LL to get another lock and to install it OR hired a lock smith to make keys for the existing lock. No matter what I think of it being screwed in place ~~~~ this was avoidable , Send your LL a written request via certified mail asking for two things , the name of a old fashion hardware store that does screen repairs and ask the LL if he would buy and install a new lock if you pay for it. BTW http://www.youtube.com/results?search_query=how+to+repair+broken++aluminum+window+screen+corners&search_type=&aq=f its not hard to learn how to repair them !

 

[youngidealist]

Plastic screen corners DO deteriorate and break easily with age, Fortunately for you they can be bought at local hardware stores for under 1.00 if your willing to replace the broken corner im sure you can find a online vid that will tell you how, Other wise Im sure a hardware store would not charge much if the screen material itself is in good shape to remove the plastic gasket, remove and replace broken corner and re roll the screen back in. As to the lock, Yes you could have paid the LL to get another lock and to install it OR hired a lock smith to make keys for the existing lock. No matter what I think of it being screwed in place ~~~~ this was avoidable , Send your LL a written request via certified mail asking for two things , the name of a old fashion hardware store that does screen repairs and ask the LL if he would buy and install a new lock if you pay for it. BTW YouTube - how to repair broken aluminum window screen corners its not hard to learn how to repair them !

That's great! Thanks for the input FarmerJ. The LL was telling me that I'd have to get a whole new screen kit but maybe he's been doing things the hard way this whole time and didn't know the corners came separately. Considering the way he is I wouldn't be surprised. If I figure it out on my own maybe I'll charge him the dollar it costs me for the trade secret of how it cost me so little to replace it. I look forward to the look on his face. Thanks again.

 

[FarmerJ]

If the aluminum framing is not all bent up and the screen and rubber gasket can be re installed a all plastic roller tool can be had for a few dollars, gasket gently lifted out with corner of utility knife , screen carefully removed , corners that are broken either pulled out or if one was snapped off even with the aluminum frame pushed in deeper with the new corner tabs. Re roll screen in to slots re roll gasket, Re hang exactly as it was found and Its DONE. BTW do the other screens all have little spring clips that help hold them into the tracks ? If so they can be bought at hardware store too. Having done maint for over 4 years in a group home firm I have had to fix so many screens and screen frames with broken corners , bent aluminum ETC its not funny. If you get the screen frame repaired not only tell your LL via certified mail its repaired BUT take a pic of it too for your records!

 

[youngidealist]

If the aluminum framing is not all bent up and the screen and rubber gasket can be re installed a all plastic roller tool can be had for a few dollars, gasket gently lifted out with corner of utility knife , screen carefully removed , corners that are broken either pulled out or if one was snapped off even with the aluminum frame pushed in deeper with the new corner tabs. Re roll screen in to slots re roll gasket, Re hang exactly as it was found and Its DONE. BTW do the other screens all have little spring clips that help hold them into the tracks ? If so they can be bought at hardware store too. Having done maint for over 4 years in a group home firm I have had to fix so many screens and screen frames with broken corners , bent aluminum ETC its not funny. If you get the screen frame repaired not only tell your LL via certified mail its repaired BUT take a pic of it too for your records!

Will do. Yeah, I got the parts from home depot yesterday and put the thing together myself no problem. I put in a few extra bucks to replace the old screen with a wire screen so the cats wouldn't be able to break it from scratching it. I also got a cheap saw and cut the frame down to fit it in the normal way. I called him for permission first and he gave permission but still insisted that I put it on the outside, this time saying that the blinds would be in the way. The rail that the blinds are on does obstruct the screen if it were a completely unbendable frame, but a small lift of one corner about an eighth of an inch lets it slide right in. Thanks again for the help.

There's still the matter of him acting as if he would blackmail me rather than do his part as the LL. He was saying things like "you know not every landlord would feel comfortable accepting a tenant with long hair who has the audacity to own two cats when he has allergies and asks a lot of questions." He's a bit of a crazy old man. I do have allergies to cats, but I also have great meds and any cat lover with cat allergies will tell you that for a lot of us the reaction to a particular cat goes away after living with it for 1-3 months. It's like developing an immunity, just that if a new cat came in, my nose would be stuffed for a month. And the part about the long hair? What next? Is he going to accuse me of being a "commie"? Are there any rights that protect me from this cat excuse blackmail threat if he decides to go there?

This insinuation that I'm looking a gift horse in the mouth makes me nervous with him. A gift horse is FREE, not $700 per month. The benefit of being friendly is a mutual one as well. And it's not like I'm really comfortable with this Lord of the Mannor system that society has made in real estate. He pays a mortgage to a bank from our rent money and earns a profit by it. Why does he get to make cheaper monthly payments than I can and ends up owning a place for it? A credit based class system that's why. Why should I have to be a modern day slave just because my parents and the rest of the lower class are a bunch of suckers? I want the man to contribute something in this deal even if it's something small, he may as well since I'll be paying for his Lordship for the rest of my life. Come law change or revolution, I will be one to show the real estate industry no mercy.