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Major Renovations, No Notice, Unfinished

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sd_beachbum

Junior Member
What is the name of your state?What is the name of your state?
California, San Diego to be exact.

I'm trying to resolve an issue with my landlord involving some renovations to my apartment. I have lived in my apartment for nearly 6 years and the rent has never gone up. It had its minor problems, but the price was real good, *much* lower than average for this area (one of the highest cost-of-living in the USA). It was sold last September, and I was notified that my same month-to-month lease would remain in effect. One morning late last October I woke up to find 2 workers in my apartment busting out two of the windows. Other units had their windows replaced, so I suspected mine would as well, but I was not notified in advance. Long story short, there are 10 windows, of which not all have been replaced yet. All of the window blinds in the whole apartment have been removed for several months now. The work is ongoing and I am never notified when it will restart or end, and they never leave a notice beforehand, or note when they leave. Some days my furniture and belongings are moved while I am gone at work and school, and they never move it back or clean up afterwards, leaving plaster and dirt all over the walls and carpet, and a big pile of debris outside my entryway. I have had several insignificant items such as plants and decorations damaged or missing due to the work being done. And recently my computer, TV, and CD player, which were near the windows have stopped working, I suspect due to the fine white plaster dust that got all over inside. I returned from an out of town trip in January to find that five window frames were not finished and were surrounded with mold covered sheet rock along the frames. The mold was black and covered about 50% of the surface around the window frames. I took some pictures and notified my landlord Jan. 31st. He responded the next day, saying repairs could not be finished because he did not have a key, but that as soon as I gave him one, the job would be finished and my concerns addressed. I made a copy of the key for him, and one week later, the mold was covered over with a thick layer of plaster that is now cracking off and leaking water. I have been spending several nights a week away from home because of this. I called home from a friend’s house tonight and couldn’t get my answering machine to pick up. Went home to find that my power was shut off, my outdoor entryway was torn up, and my front door was *unlocked* and *partially open*!!!. This was at midnight on a main boulevard, in a pouring thunderstorm! I called and left a stern message for the landlord and am wondering what I should do now. Basically this has been going on for around four months now. Any ideas? Thanks, and sorry for such the long post. Hopefully everyone will find it entertaining at least and worth the read.
-SD Beachbum
 


HomeGuru

Senior Member
sd_beachbum said:
What is the name of your state?What is the name of your state?
California, San Diego to be exact.

I'm trying to resolve an issue with my landlord involving some renovations to my apartment. I have lived in my apartment for nearly 6 years and the rent has never gone up. It had its minor problems, but the price was real good, *much* lower than average for this area (one of the highest cost-of-living in the USA). It was sold last September, and I was notified that my same month-to-month lease would remain in effect. One morning late last October I woke up to find 2 workers in my apartment busting out two of the windows. Other units had their windows replaced, so I suspected mine would as well, but I was not notified in advance. Long story short, there are 10 windows, of which not all have been replaced yet. All of the window blinds in the whole apartment have been removed for several months now. The work is ongoing and I am never notified when it will restart or end, and they never leave a notice beforehand, or note when they leave. Some days my furniture and belongings are moved while I am gone at work and school, and they never move it back or clean up afterwards, leaving plaster and dirt all over the walls and carpet, and a big pile of debris outside my entryway. I have had several insignificant items such as plants and decorations damaged or missing due to the work being done. And recently my computer, TV, and CD player, which were near the windows have stopped working, I suspect due to the fine white plaster dust that got all over inside. I returned from an out of town trip in January to find that five window frames were not finished and were surrounded with mold covered sheet rock along the frames. The mold was black and covered about 50% of the surface around the window frames. I took some pictures and notified my landlord Jan. 31st. He responded the next day, saying repairs could not be finished because he did not have a key, but that as soon as I gave him one, the job would be finished and my concerns addressed. I made a copy of the key for him, and one week later, the mold was covered over with a thick layer of plaster that is now cracking off and leaking water. I have been spending several nights a week away from home because of this. I called home from a friend’s house tonight and couldn’t get my answering machine to pick up. Went home to find that my power was shut off, my outdoor entryway was torn up, and my front door was *unlocked* and *partially open*!!!. This was at midnight on a main boulevard, in a pouring thunderstorm! I called and left a stern message for the landlord and am wondering what I should do now. Basically this has been going on for around four months now. Any ideas? Thanks, and sorry for such the long post. Hopefully everyone will find it entertaining at least and worth the read.
-SD Beachbum
**A: here is one idea; read the L/T law which you should have done say in October of last year. You have very good causes of action against L but have done basically nothing to protect your interest and mitigate damages in accordance with the CA Civil Code. Read , follow and assert your tenant rights.
 

sd_beachbum

Junior Member
Well, I can assert my rights all I want, but they don't really have to do anything about it. I read the law, but it seems that I don't have a sure fire legal case unless the roof is falling in or something drastic like that. The only way I can get damages is if they are purposely trying to get me to move, which is nearly impossible to prove of course. What I really need is an effective plan of action. Is there a tried and true way to get issues like this resolved quickly?
-SD Beachbum
 

ENASNI

Senior Member
Dude...

If you read the LL/Tenant handbook... which is my favorite reading by the way... you would see what to do...
Its all in there!!
Gosh Its the easiest to read on the entire World Wide Web... I hate to see it insulted so badly.
http://www.dca.ca.gov/legal/landlordbook/
First you have done nothing in writing... that is what the Guru is alluding too.( I think...)
IF you had started with complaints in writing and sending them Certified return receipt requested you would have a paper trail.
This is under the "having repairs made section....
Look also under "dealing with problems"
You don't have to have the roof fall in... there are definite habitability issues you are dealing with.
As far as entering your unit... look under "Living in the rental Unit"
there is a section on when and how the LL (and other people under the LL's direction ) can enter your space.
Now leave the surf alone, borrow someone else's computer and start writing some letters!

Ps (when do you think the rain will stop... Oy!)
 

HomeGuru

Senior Member
sd_beachbum said:
Well, I can assert my rights all I want, but they don't really have to do anything about it. I read the law, but it seems that I don't have a sure fire legal case unless the roof is falling in or something drastic like that. The only way I can get damages is if they are purposely trying to get me to move, which is nearly impossible to prove of course. What I really need is an effective plan of action. Is there a tried and true way to get issues like this resolved quickly?
-SD Beachbum

**A: good freaking grief, will you wake up. Either you have not read the L/T law or you can't understand English.
 

ENASNI

Senior Member
hey

Hey we are a l i t t l e slooooww dooowwn heeere in San Diego..

Plus there is like, this like water coming from the sky, ya know..
like...so wierd...

We are just running around here In SoCal like idiots.. so I was cutting him a
bit of a break...
 

sd_beachbum

Junior Member
Well first off, I do appreciate the advice. Yeah the legal guide states the law, but there's very little mention of actual enforcement or penalties, except in extreme circumstances. I'll send a certified letter tomorrow, but what should it say? How hard should I push the issue? Maybe I could get a rent deduction based on the fact that I can't use most of the rooms in my apartment due to the work. Should I threaten to withhold rent, or legal action? I really can't afford to loose in court. I do have copies of letters that I sent and their written response starting one month ago, but not certified. I had finals, working 40 hrs/week, etc., and was out of the country for 3 weeks in Dec. and Jan., which is why I didn't jump on the legal stuff sooner. I expected this whole thing to be over when I got back.
As far as them entering the unit,

"If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord’s misconduct."

How do I determine or prove my damages? Do sleepless nights count? :confused:

"If the landlord’s violation of these rules was significant and intentional, and the landlord’s purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation"

May be the case, but I can't prove this.
I can't withhold rent unless the "implied warranty of habitability" has been violated. From the legal guide:

"The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect habitability."

So maybe the mold counts. Do I have to prove that it's unhealthy, or can it be assumed? The recent repair was substandard, though. They just covered it up with plaster. The window blinds don't count for much in court, do they?
-SD Beachbum
 

Peanut5580

Junior Member
I am going through a "mold situation" myself right now. I have been constructively evicted from my apartment due to black mold. I had the air quality tested & the levels were toxic and dangerous. From what I understand, I didn't even have to go as far as testing it. If there is mold visible in your home it is a health threat & it would make your apartment uninhabitable. I would check out your state health dept. web page & file a complaint w/them.
 

ENASNI

Senior Member
Tell me about it

sd_beachbum said:
You mean it's going to stop? :confused: I've already started building a raft with the scrap wood they left on my front porch! ;)
-SD Beachbum
I have put floaties on my doggie... If you see a cute little mutt floating bye with dayglo arm bands... please do the humane thing and call the number on her tags. :D

Look Diego
You have already started your own letters.... look at your reponses here...
Start with.. "Dude LL man... I gave you my key in all courtesy... in all courtesy dude... respect the 24 hour notice and let me know when you are entering."
and... "Dude... I have this habit of like making a living and going out of town... I will be going out of town from like _____ to ____ time. I hereby give you (or not give you) permission to enter at your will to FINALLY finish these gadblam renovations.. (actually be more polite... but you get the jist)

In the meantime... cover your stuff with sheets and stuff when you are gone.
Cover your assets man! They have not shown respect.
and go ahead and imply that your habitabilty has been violated... in a most non threatening way... ;) mold scares... mold frightens... mold has been used in ways that have been scams... but if you have got mold... and if you have problems with your belongings it is legit.
You really have not covered enough bases to go to court right yet surfer man... ( you are a man??... if not... sorry Gidget)
But you are on your way if you follow the Bible... ahem I mean the LL tenant
Lawbook okay?
Quote the dang thingy like you did in your response here! that was a good job... extra umbrellas for you..
Ya get it?

Oh... dark side of the force here though fellow SoCal Res...
These "renovations" might mean this great rent you are paying ... ( and I am GREEN with Jealousy)... might just be Mary Poppins in the wind... if you get my drift...???
Renovations usually= rent increase or sale of property which = rent increase.


Addendum: just looked at the news! We gots tunnels!!!.. what the hecks is tunnels?? ( ;) ) look with the weather acting up like this... add that in... I mean the weather angle...saying you want more protection from the moisture and such... most likely you are going to get a rent increase.. if you have this stuff documented you might get something off the rent you are paying now, cause dollars to Krispy Kremes@ it is agonna increase. Cali is hard on that stuff.. but you can try... just try it nice...try it legal... try it by the book.
Use the facts and the LL is probably having a hard time with the rain him/herself.
Heck I know it, and ain't no Tsunami (Thank heavens) but you can insure your house is not left open to damage when you are paying rent nowadays...
Okay gotta go... Doggie is done swimming wants to come in....
Good luck.


oh forgot PICTURES>>> FILM>>>> get it? got it? good. :) wet smelly dog gotta go
 
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