How to deal with the landlord

[Nancy2015 2]

Hi all,

I really need advice on what course of action to take.

We live in an apartment complex that is considered "cheap" for the area, so obviously, it's not the best one around. In two years that we've lived there, we've had 4 management changes - most managers quit after only a couple of months. We can't seem to get anything fixed at the apartment - we've been asking the management to repair the faucet in the bathroom for two months already, and they never got to it. However, it's not the worst.

For the past two months we haven't really had any hot water. Its supply has become intermittent and doesn't seem to depend on the time of the day or anything like that. Sometimes I let the water run for about 15 minutes, and it warms up a bit, but otherwise it's just freezing. Not lukewarm - it's freakin' cold!! I had to go to my gym just to take a shower - that's how bad it is. I called the management many times, I always get an answering machine, and my calls have never been returned.

We feel like we need to take action against the landlord. What we're thinking of doing is to start complaining in writing and keep copies of what we write to them. If they don't fix the problem, we will have to take it to the authorities. I will try to research CA health code or tenant law - there has to be something about hot water there!! I will attach that to all my correspondence.

My questions are:

1) Who should we complain to first, if normal friendly conversation with the management doesn't result in anything? Would it be some local Health Departnment, or something like that?

2) Is the situation serious enough for us to consider getting a lawyer?

3) Will it help if we talk to other tenants and convince them to compalin too?

I know we need to move to some other place, but we're poor, and at this time we can't pay a lot of cash upfront, nor can we afford to pay a higher rent

Thanks in advance!

[kim&james 0]

Thats sad to hear of this happening.

Try this website for info for your state.

http://www.badlandlords.info/

Can you contact your local city council, surely if there is no supply of hot water then that has to be some sort of violation??

Best of luck with this!

[Mr. Big Dog 10,747]

One additional thing to do is to put the landlord on notice that you will pay the rent into an escrow account until such time as the items that are in disrepair are corrected.

[Nancy2015 2]

Thank you guys

I didn't know we could pay the rent into an escrow account. Sounds like a very good idea

[sereia 0]

it really is NOT acceptable to have freezing cold water!

i would write the landlord letters of complaint, send it certified mail, and keep copies of these letters for yourself. you need proof that you've been complaining if you need to take further action.

i'd also talk to other people in your building to see if they have the same complaint. band together and maybe by hearing constant nagging they will come fix it.

unfortunately i had a similar issue (but about noisy neighbors our landlord did nothing about) recently and these are some steps i took until he finally kicked them out!

good luck!

Edited July 14, 2007 by abdounjen

[Mr. Big Dog 10,747]

Thank you guys

I didn't know we could pay the rent into an escrow account. Sounds like a very good idea

Just make sure you do it properly.

[sereia 0]

i asked about my situation here on vj and was told to do the same with the escrow account. i spoke to a lawyer and he strongly advised against doing that. i don't know what its like elsewhere...but in NYC they can check if you've done things like that, and if you go to find another apartment it makes it practically impossible to get a new lease somewhere else because you've been a 'trouble tenant'. maybe its just NYC though.

[Mr. Big Dog 10,747]

i asked about my situation here on vj and was told to do the same with the escrow account. i spoke to a lawyer and he strongly advised against doing that. i don't know what its like elsewhere...but in NYC they can check if you've done things like that, and if you go to find another apartment it makes it practically impossible to get a new lease somewhere else because you've been a 'trouble tenant'. maybe its just NYC though.

You betcha. NYC a different planet as far as housing goes...

[Nancy2015 2]

I've been reading the Tenant law in our state, and looks like now we need to start writing letters with requests to fix it. I also found a non-profit in my city that mediates landlord-tenant disputes at no charge, I'll contact them to learn about our rights and how we're protected from retaliation. If our hot water doesn't come back within 30 days, we can call the City Building Inspectors, and they can give the landlord a hard time.

I've read that it's best not to put the rent into an escrow account without giving the landlord some "reasonable" time to address the problem, because it really may backfire.

I just wish we had money to move out now - I hate this place, it's always been a dump, they keep raising our rent, they never fix anything in our apartment, no matter how many times we ask, and now they just shut down our hot water.

[Trompe le Monde 1,107]

Jewel - you like in California right? Let me call your attention to "repair and deduct" (I have used this before to remove used toilets the landlord left in our courtyard!):

http://www.dca.ca.gov/publications/landlor...k/repairs.shtml

The "repair and deduct" remedy

The "repair and deduct" remedy allows a tenant to

deduct money from the rent, up to the amount of one

month's rent, to pay for repair of defects in the

rental unit.142 This remedy covers substandard

conditions that affect the tenant's health and safety,

and that substantially breach the implied warranty of

habitability.143 (See discussion of the implied

warranty of habitability at Dealing With Problems

button.) Examples might include a leak in the roof

during the rainy season, no hot running water, or a

gas leak.

As a practical matter, the repair and deduct

remedy allows a tenant to make needed repairs of

serious conditions without filing a lawsuit against

the landlord. Because this remedy involves legal

technicalities, it's a good idea for the tenant to

talk to a lawyer, legal aid organization, or tenants'

association before proceeding.

The basic requirements and steps for using the

repair and deduct remedy are as follows:

1.

The defects must be serious and directly related to

the tenant's health and safety.144

2.

The repairs cannot cost more than one month's rent.

3.

The tenant cannot use the repair and deduct remedy

more than twice in any 12-month period.

4.

The tenant or the tenant's family, guests, or pets

must not have caused the defects that require repair.

5.

The tenant must inform the landlord, either orally or

in writing, of the repairs that are needed. (See

"Giving the landlord notice".)

6.

The tenant must give the landlord a reasonable period

of time to make the needed repairs.

* What is a reasonable period of time? This

depends on the defects and the types of repairs that

are needed. The law usually considers 30 days to be

reasonable, but a shorter period may be considered

reasonable, depending on the situation. For example,

if the furnace is broken and it's very cold outdoors,

two days may be considered reasonable (assuming that a

qualified repair person is available within that time

period).

7.

If the landlord doesn't make the repairs within a

reasonable period of time, the tenant may either make

the repairs or hire someone to do them. The tenant may

then deduct the cost of the repairs from the rent when

it is due. The tenant should keep all receipts for the

repairs.

* It's a good idea, but not a legal requirement,

for the tenant to give the landlord a written notice

that explains why the tenant hasn't paid the full

amount of the rent. The tenant should keep a copy of

this notice.

Risks: The defects may not be serious enough to

justify using the repair and deduct remedy. In that

event, the landlord can sue the tenant to recover the

money deducted from the rent, or can file an eviction

action based on the nonpayment of rent. If the tenant

deducted money for repairs not covered by the remedy,

or didn't give the landlord proper advance notice or a

reasonable time to make repairs, the court can order

the tenant to pay the full rent even though the tenant

paid for the repairs, or can order that the eviction

proceed.

The landlord may try to evict the tenant or

raise the rent because the tenant used the repair and

deduct remedy. This kind of action is known as a

"retaliatory eviction" (see section on Retaliatory

Eviction). The law prohibits this type of eviction,

with some limitations.

[Nancy2015 2]

Thanks, Robinklake. This is all good. Surely I don't want to do anything stupid and get myself in trouble. if they don't fix anything, I'm afraid we'll have to "repair and deduct", but I won't risk doing that without talking to an attorney first...

[Trompe le Monde 1,107]

we (all the tenants in the quadplex) spoke to a legal service and they told us we might be on shaky grounds to use repair and deduct because they weren't sure the toilet constituted an "emergency" - one of the neighborhood tramps had crapped it, so we say it did. He did mention lack of hot water and heating as being solid reasons to use it. After much sabre-rattling with the landlords we got away with it.

Obviously, this is our experience and not proper legal advice!

[Saddle Bronc 124]

i asked about my situation here on vj and was told to do the same with the escrow account. i spoke to a lawyer and he strongly advised against doing that. i don't know what its like elsewhere...but in NYC they can check if you've done things like that, and if you go to find another apartment it makes it practically impossible to get a new lease somewhere else because you've been a 'trouble tenant'. maybe its just NYC though.

You betcha. NYC a different planet as far as housing goes...

To make it somewhat more accurate...

[Addie_Goodvibes 0]

Jewell-

Whwen My Wife And I first lived together we had a very similiar problem to yours, it also involved threats of retaitory eviction if we didnt stop being a problem,

I suggest documenting everything, contact the property managment company and take your issues up with tme be sure to mention the following buzz words as they usually get owners/property mngsr, scared enough to act quickly

Hability codes: http://www.dca.ca.gov/publications/landlor...k/repairs.shtml

Bldg. codes OUT of Code

bldg. Inspector

3rd party Bldg inspector

Do Not withhold rent for cost of repairs, fisrt put in writing everything, also take digital photos with date stamp. In the event when you move out and your deposit is not refunded in whole, you can document repairs that went un fixed and you will have evidence to support your case should it go to small claims court.

remember you are paying for the Apt. and if something is not fixed or not working properly thne you should not have to pay the same for less of what is in the agreement.

After my wife and i went through several months of asking for repairs ,We finally wrote a letter citing CA. Hability codes and citing problems in our home that were in direct violation of those codes, we documented everything wrote a letter to the property mngmtn company coppied our attorney in and the NEXT DAY we had half a dozen workers and contracters at our home everything was fixed within a few days.

A lot of landlords and Bldg. managers do not expect tenants to know their rights or know enough about hability codes. (especially in CA. where demand for apts is so high.) Simply showing them you know about Bldg. codes or a simple mention of those words will usually be enough to get things done.

[Trumplestiltskin 5,791]

Not sure about CA law, but there's a few things you can do.

1) You can pay for the repairs yourself, and deduct it from your rent (basically you'd send them a receipt, a letter and the change). To do that however you would need a substantive paper trail that you have done everything humanly possible to contact the landlord/management association etc. Its perfectly legal and may be your best bet if the root of your problem is not being able to contact your landlord. You can believe that someone would notice if they're not receiving rent from you this month.

2) If you can get ahold of the management association (at least under NJ law) there is a section of state landlord/tenant law that renders a place 'unfit for human habitation' if certain facilities aren't working on the property (hot water being one). That gives you a whole host of options - the landlord would generally fix the problem pretty sharpish if its phrased in those terms (otherwise he would have to deal with the environmental health). Alternatively, that sort of problem would potentially be a way out of your tenant agreement if you decide you don't want the hassle and are prepared to move somewhere better.

Again I'm not sure how this works under CA law - as landlord/tenant laws vary by state. Best bet is get yourself a tenants rights book so you know what your options are before you make any decisions.