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Living with landlord problems

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sadrenter123

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

(Sorry, this is long)
Hi, I live in a house where my room is sandwiched between my landlord and her son. Over the first 2 months, she's progressively gotten more weird and invasive, but I'm not sure if I have legal grounds to break my one year lease. Any legal advice/references would be very helpful.

First, she entered my room several times without notifying me when i wasn't home. She would do nice things like place a laptop stand on my bed or put my window frame back on because it supposedly fell out. It's nice, but I don't like her in my room and didn't really buy her reasons for accessing my room.

Next, she refuses to accomodate anything. She takes up all of the fridge space (even the one's dedicated to renters) and says she won't buy an additional fridge and says she'll just make room, but doesn't. I also have an ant problem in my bathroom where she just says "it's the season" and gives me a used poison packet that doesn't help the situation.

Next, while i'm studying, her son is constantly playing videogames, and she knocks on my door frequently to ask questions, or complain to me about stuff. (ex: she found a shipping box in the trash outside that showed I ordered computer tools, and she says I'm only allowed to eat and sleep here. Fixing my laptop must be done outside)

Finally, I talk to her about making an amicable split, but she just wants a year's rent and says, i don't want you in this house anymore because I don't trust you." I feel like she's making my life miserable because she knows my early termination is in her favor because she gets a year's rent early.

Am I powerless in this situation? Can a landlord make a renter choose between living miserable or taking a big financial blow?
 


Gail in Georgia

Senior Member
1. You can demand that she provide you the appropriate notice prior to entering your room except in an emergency situation.

2. Buy a can of ant spray and take care of the situation yourself.

3. You can't break your lease legally because she doesn't give you enough room in the frig or because her son plays computer games. These are things that occur in roommate situations.

Gail
 

sadrenter123

Junior Member
That seems fair. I was hoping I could get some flexibility with things like Quiet Enjoyment laws or something.

It just feels terrible that landlords can live with you so inconsiderately, and make you feel like a hopeless because of your lease. I'll just live it out as long as i can to reduce the hit I guess.

Btw, do you know what I should do if she keeps entering my room?
 

Zigner

Senior Member, Non-Attorney
Have you confirmed that yours is a legal rental? A call to the city/local municipality can help with that. If it's not, then she doesn't have the right to rent to you in the first place and your lease would not be valid. You can leave without financial repercussions beyond trying to get your deposit back. Of course, she may threaten to sue you, but if you can prove she didn't have the legal authority to rent to you in the first place, then her lawsuit won't be successful.
 

FarmerJ

Senior Member
You do have a copy of your lease stashed away in a safe place ? does your lease say you cannot repair your own personal property in your room or not ? If your lease does not grant her consent to change or create rules mid lease then I would tell you first , go get a post office box for your own use. Then on paper in a letter sent to her via certified mail ( keep a copy for your own record stored in a locked box that cannot be pried open easily ) in the letter tell her what you already have `there is a ant problem and you expect it to be taken care of ` next thing` When I am at home my time is as valuable to me as yours is I expect to have a reasonable amount of time with out being disturbed` Next thing repairing my laptop or any of my own personal property would you care to show me which part of my lease contract with you says I cannot repair my personal property in my space I pay you for? If you cannot then this subject is closed and there will not be any further discussion about it. Last in your letter tell her ` since you said i don't want you in this house anymore because I don't trust you` that this is not your problem , you will not pay her for a years rent because she wants you gone and would love to see her explain that theory in a court room. Then let her know if she is not happy with being a landlord you will be happy to move out only you are given a signed letter saying that your not going to be held to the lease that you both agree to a early mutual termination of the lease and are let out of it early with no penalty. If she wont then again dig your heels in and remind her that in the tenant friendly state of California she will not be excused from following landlord tenant law ( then call in inspections re the pest infestation if she wont deal with it, even though yes you could but if you have them in your room then they are in other parts of the house too and just like a apt building the whole dang place needs treatment)
 

sadrenter123

Junior Member
You do have a copy of your lease stashed away in a safe place ? does your lease say you cannot repair your own personal property in your room or not ? If your lease does not grant her consent to change or create rules mid lease then I would tell you first , go get a post office box for your own use. Then on paper in a letter sent to her via certified mail ( keep a copy for your own record stored in a locked box that cannot be pried open easily ) in the letter tell her what you already have `there is a ant problem and you expect it to be taken care of ` next thing` When I am at home my time is as valuable to me as yours is I expect to have a reasonable amount of time with out being disturbed` Next thing repairing my laptop or any of my own personal property would you care to show me which part of my lease contract with you says I cannot repair my personal property in my space I pay you for? If you cannot then this subject is closed and there will not be any further discussion about it. Last in your letter tell her ` since you said i don't want you in this house anymore because I don't trust you` that this is not your problem , you will not pay her for a years rent because she wants you gone and would love to see her explain that theory in a court room. Then let her know if she is not happy with being a landlord you will be happy to move out only you are given a signed letter saying that your not going to be held to the lease that you both agree to a early mutual termination of the lease and are let out of it early with no penalty. If she wont then again dig your heels in and remind her that in the tenant friendly state of California she will not be excused from following landlord tenant law ( then call in inspections re the pest infestation if she wont deal with it, even though yes you could but if you have them in your room then they are in other parts of the house too and just like a apt building the whole dang place needs treatment)

My lease is missing from the tray where I kept it, which terrifies me because she's entered my room a few times without permission. I will try your advise, and also contact the city. Is there any particular department I should reference to see if I'm in a legally rentable location?

Thank you all so much
 

Gail in Georgia

Senior Member
"Finally, I talk to her about making an amicable split, but she just wants a year's rent and says, i don't want you in this house anymore because I don't trust you." I feel like she's making my life miserable because she knows my early termination is in her favor because she gets a year's rent early. "

Even if you were to break your lease and move out, the silly landlord doesn't get a year's worth of rent. She would need to make a "reasonable" effort to find a replacement tenant for you. She simply can't sit back and not do anything in terms of attempting to rerent the unit for the remaining length of your lease.

Gail
 

sadrenter123

Junior Member
"Finally, I talk to her about making an amicable split, but she just wants a year's rent and says, i don't want you in this house anymore because I don't trust you." I feel like she's making my life miserable because she knows my early termination is in her favor because she gets a year's rent early. "

Even if you were to break your lease and move out, the silly landlord doesn't get a year's worth of rent. She would need to make a "reasonable" effort to find a replacement tenant for you. She simply can't sit back and not do anything in terms of attempting to rerent the unit for the remaining length of your lease.

Gail
Thanks Gail,

I saw that ruling too, but wasn't sure how to interpret it. does it mean that I just pay her month to month while I don't live there until she finds a replacement?
 

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