Ok, complicated situation, and please, no standard answers, I know from the beginning I should have received the promise in writing so please don't be condescending. I know now what I should have done, but please help with what I can do now. Me and my three room mates rented a house near our college. With-in walking distance. We signed the lease under their promises that all problems would be fixed. Yes we saw the house, Yes we knew it was in bad shape. But the company led us to believe that all major problems would be fixed. When we moved in they told us the contractor and landlord had 30 days to make all the fixes and not to worry. Today was the 30th day and nothing has been done. We informed them as instructed when we moved in of the problems (IN WRITING) and they have not even pretended to address our problems. The major problems we listed... are... 1)The locks, It took them three weeks to get us keys and new locks to our house. During that time frame the former tenants entered our house uninvited late one night. drunk (with their old keys) 2) The HVAC unit needs servicing, it barely works. How could we have known this before we moved in? 3)Hot water heater barely works, again, how could we have known this? 4)1 of 2 bathrooms is completely unfit for use. Wallpaper peeling from walls, large holes everywhere, walls are caving in (water damage) and we have confirmed mold. It is disgusting and no respectable person would feel comfortable using it. 5) Carpet is in bad shape, holes,stains, water damage everywhere and a FOUL SMELL! 6) Stove unit is old, handle is missing from door. Handle cannot be replaced because its so old. We can't use the oven safely for this. These are the high priority items (there are many many others but not high priority) We were instructed to complete a move in form and provide company in writing of problems. We did as we were told. They told us to give them 30 days, We did. When we signed the lease they told us specifically not to worry about anything, The bathroom would be fixed, the carpet would be replaced. We took them at their word, now we're here, all the problems are too and they are refusing to fix it. Saying they inspected the house and fixed what they thought was necessary. this is obviously a lie. Do we have any rights to cancel our lease? Do I have any rights at all? especially with the bathroom, is this a health violation. The kitchen, I can't cook! The flooring, It smells horrid. the locks were unsecured, but are now? What can I do. I am a college student, don't want to sue them, I don't have time. All we want is out of our contract and deposit back. What can I do now. The landlord and manager keep avoiding us. won't talk to us or anything. They lied to us from day 1. Can a health inspector evict us and terminate our lease? can the house be condemned? Can the landlord have repercussions for interfering with our lives. Inconveniencing us and possibly putting our health at risk? How can I make their life hell. They rent to 95% college students so I see their not wanting to fix something because they think we will just destroy it again, But were not drunk partying freshman. We are here to finish our degrees. We are serious. Yes I know we screwed up, but we didn't know and took them at their promises. They lied to us. (on numerous occasions. You live you learn. Please don't tell me what I should have done. Please help me with what I can do now.
Answer: First of all, don't beat yourselves up for being honest, trusting people--these are still admirable traits, and you sound like nice young people. A lot of us could have ended up in the same situation that you're in, I know I could have. And you've been wise to document so much in writing, so give yourself credit for your smarts. DO continue to keep records, including the times and dates, of all your communication, or attempts to communicate, with the company--whether they be written in a formal letter, phone conversations, phone messages left, emails--whatever. If you speak to a Real Person, make sure you get their name and put it in your records too. First of all, verbal agreements do have weight in court although the problem is that the other person can lie. Were there other witnesses who heard what the company told you about fixing the problems? But that aside, there are plenty of people you cal call and talk to who might be able to help you, or at least give you a sense of direction (and keep records of all people you talk to and what they say). For starters: 1. Your municipality's Health Department. Non-working plumbing is a big health violation. Certain kinds of mold are too. When the company hears that you've called them, that'll perk up their ears. 2. Does your college have a law department? Call them and tell them your plight. They might be able to help you. 3. Call your college's housing department and tell them your problem. They may have clout. If they don't, they may refer you to someone who does. If this company is cheating students or lying to them, the housing department may be able to blacklist them as a suitable rental company (not good in a college town) or otherwise put pressure on them to correct the unlivable situation you're in. 4. Call your City Council. I'M NOT KIDDING--it worked for me when I lived in San Jose CA--my officemate and I recovered $750.00 by contacting the City Council. Too long a story to tell, but city councilmen want to serve the people and they're usually powerful people in their own right. 5. Call your local Better Business Bureau and/or file a complaint with them regarding this company. Doesn't matter if the company is a BBB member, you can file a complaint against ANY company with the BBB. THE POINT IS that once you start contacting people, then one thing leads to another and one contact leads to another contact. When the company realizes that you aren't the 'dumb kid pushovers' that they're taking (bluffing) you for--that you're actively bringing your (and their) problems to the attention of anyone and everyone who might be able to help you--then, YO, they'll realize that they could end up REALLY SORRY for having lied to you. They'll realize that you kids aren't just going to roll over and take it. They'll know they'd better get their act together and CORRECT the problems or they're going to get a Very Bad Reputation among important people in town whom they don't want to alienate. Trust me--get proactive, let your fingers do the walking through the white- and yellow-pages, and this company WILL come around and do something. If necessary, write up a form letter and mass mail it to important groups in town (use that special computer setup--you know the one I mean, the one that prints each letter with a different name and address so that each group is addressed by their actual name, not just as 'Dear Sir' or 'Current Resident') Right now the company thinks that you're just stupid, naive kids that they can walk all over. Well, prove them wrong. Connect with older, powerful voices and groups and let the company know that you're doing it....and believe me, the company will come around fast. It's worked for me, NOT JUST with the city of San Jose but in other situations too. Get voices on your side. "BE A SQUEAKY WHEEL." One of the best pieces of advice I've ever gotten. It works!
Category: Renting & Real Estate; 2010-09-07 15:56:28
2. subtenant: how soon do I have to move?
Ok. I signed a contract when I moved into my current home at the beginning of August. I rent a room in an apartment, I am not on the lease. The renters are NOT sticking to our rental agreement. They're blatantly breaking the contract and demanding I pay more for a service I made clear I wanted included in the 'rent.' They agreed wholeheartedly when I moved in and even signed the contract saying as much, but now they're demanding I pay more. (And it's been an ongoing battle.) Last night they decided to cut off my internet and demand money from me. When I said no way, they said you have to find somewhere else to live next month. What are my rights? Can I take them to court? Do I have 30 days to move? Thank you. I would have put up the entire contract but I've never asked a question on here before and I figured it would take up too much space. And no, I'm not living here illegally, if anything they're subleting illegally. (But the Land Lord is aware that I am living here and renting out the room.) The contract states that on the 3rd of each month I will pay XXX, that includes all utilities and cable internet. Now since I've lived here they randomly unplug my internet. They haven't paid the bill on time and we were without it for a weekend. When I brought it up to them they said, "well your clicking is to loud from your typing." So my Mom bought me a $50 quiet keyboard. Things have been fine till last night. I'm planning on moving, I just want to know legally how much time I have to do it in and if there's any charges I can file in small claims. These people are lazy lying jerks.
Answer: You have a contract. if the contract states you don't pay more for whatever service you are talking about, then you don't pay more. The cannot cut your internet service if that is also in the contract. they cannot make you move. Once you are there for 30 days, you legally live there. The LL is the only one who can then evict you. That said, it doesn't seem worth it to stay.
Category: Renting & Real Estate; 2010-09-07 12:37:00
3. Are service dogs allowed to enter with a guest to apartments where rental agreement states no animals allowed?
My grandmother would like to come and visit me briefly for a day (not overnight) but has a medical service dog accompany here where she goes. My apartment lease states we are not allowed to have animals. I am not looking to get into a war with my management or get into any trouble, I'm just wondering if the state of CA has any rules or regulations regarding service dogs being allowed to enter the property or not? I know that in public places they cannot deny entry, but since we live in a townhome, I'm not sure what the rules are? I haven't even asked my management yet, I'd just like to even see if there is anything I can bring to the table before asking?
Answer: It's covered for most housing under the federal FHAA, assuming it's a regular type of landlord (a private business or person who owns at least four residential units, ie houses/apartments). That covers most rental housing. Plain English version: http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm (Scroll down to "Additional Protection if You Have a Disability," not quite half way down the page) Legalese version: http://www.justice.gov/crt/housing/title8.php It's a good idea to be upfront with the landlord. Unfortunately, it is not uncommon for people who get caught to try to claim afterward that a pet dog was a service dog. Being upfront shows your integrity and makes your situation more believable. Here's a sample letter I made up for a tenant with a service animal requesting an exemption to a "no pets" rule: http://servicedogcentral.org/content/node/285 You might be able to take some ideas from it and tweak it to work for your purposes if needed. In my own experience, typically all that is needed is a phone call to let them know that your disabled relative will be visiting and will be accompanied by a service dog. It doesn't hurt to mention that it will only be for the day and not over night (shouldn't make a difference legally if you are ordinarily permitted to have overnight guests, but might decrease the chance of a knee jerk reaction on their part). Landlords appreciate knowing in advance (when possible) that a service dog will be visiting because it prepares them to answer questions from other tenants along the lines of, "Why is it Susie Jones gets to have a dog and I'm not allowed?" --- edited to add --- Ouch. A lot of misinformation as with your other question. Sigh. 1. All service animals are dogs. This is a recent change. http://servicedogcentral.org/content/node/297 2. A service animal in training is not typically covered under federal law (ie the ADA does not give public access rights to trainers of service animals, only to people with disabilities and fully trained service animals). 3. "Real" service animals don't go absolutely EVERYWHERE with their owner. There are always exceptions. http://servicedogcentral.org/content/node/346 4. Service animals ARE required to have specialized training. Without the training, it isn't a service dog. They must be individually trained to perform tasks for the disabled owner that the owner cannot perform for themselves. 5. There are also exceptions in housing, as explained in your other question 6. The FHAA does specifically discuss discrimination based on familial status or association with a person who is disabled. It is discrimination to refuse to allow a visitor solely because she uses a service dog. It is discrimination against the tenant, based on their association with a person with a disability (handicap). "It shall be unlawful ...[t]o discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of...any person associated with that buyer or renter."
Category: Law & Ethics; 2010-09-05 18:11:24
4. Are service dogs allowed to enter with a guest to apartments where rental agreement would you like to ask?
Are service dogs allowed to enter with a guest to apartments where rental agreement states no animals allowed? My grandmother would like to come and visit me briefly for a day (not overnight) but has a medical service dog accompany here where she goes. My apartment lease states we are not allowed to have animals. I am not looking to get into a war with my management or get into any trouble, I'm just wondering if the state of CA has any rules or regulations regarding service dogs being allowed to enter the property or not? I know that in public places they cannot deny entry, but since we live in a townhome, I'm not sure what the rules are? I haven't even asked my management yet, I'd just like to even see if there is anything I can bring to the table before asking?
Answer: It's covered for most housing under the federal FHAA, assuming it's a regular type of landlord (a private business or person who owns at least four residential units, ie houses/apartments). That covers most rental housing. Plain English version: http://www.hud.gov/offices/fheo/FHLaws/yourrights.cfm (Scroll down to "Additional Protection if You Have a Disability," not quite half way down the page) Legalese version: http://www.justice.gov/crt/housing/title8.php It's a good idea to be upfront with the landlord. Unfortunately, it is not uncommon for people who get caught to try to claim afterward that a pet dog was a service dog. Being upfront shows your integrity and makes your situation more believable. Here's a sample letter I made up for a tenant with a service animal requesting an exemption to a "no pets" rule: http://servicedogcentral.org/content/node/285 You might be able to take some ideas from it and tweak it to work for your purposes if needed. In my own experience, typically all that is needed is a phone call to let them know that your disabled relative will be visiting and will be accompanied by a service dog. It doesn't hurt to mention that it will only be for the day and not over night (shouldn't make a difference legally if you are ordinarily permitted to have overnight guests, but might decrease the chance of a knee jerk reaction on their part). Landlords appreciate knowing in advance (when possible) that a service dog will be visiting because it prepares them to answer questions from other tenants along the lines of, "Why is it Susie Jones gets to have a dog and I'm not allowed?" It took me a little while to call it up, but here's the California version of fair housing: http://codes.lp.findlaw.com/cacode/CIV/5/d1/2.5/s54.1 On first glance it appears that it is broader than the FHAA in that it seems to apply to all housing, even if the landlord has fewer than 3-4 units. --- edited to add --- I am uncomfortable with some of the other answers. First, the ADA does not generally apply to housing unless that housing is owned by a government entity, ie a housing authority. The correct law is usually the FHAA. No law is absolute. There are nearly always exceptions. So it is unfair to say to this asker that service dogs are "always" permitted. It just isn't true. Some exceptions include if the landlord has few units, as I mentioned. Others include if the owner is a religious entity or private club. It's more complicated than some of the answerers suppose. --- edited to add --- Answerer "Landlord" is promoting her own agenda, apparently without regard for the negative consequences a person following her advice might experience. It is ILLEGAL to require certification as a condition of permitting a service animal, including in housing. She's some hair about emotional support animals and not wanting to permit them either (though most landlords are required by federal law to do so), which she calls "companion" animals. Don't let her personal agenda get you in legal hot water. Consult an attorney. In Green v. Housing Authority of Clackamas "[t]he housing authority argued that the dog was not a reasonable accommodation for the tenant's specific disability because the dog was not certified as a hearing assistance animal. The court granted plaintiff's motion for summary judgment, holding that the housing authority violated the federal statutes when it required proof from the tenants that the dog had received hearing assistance training." http://www.servicedogcentral.org/content/node/194 "The jury awarded Ms. Grad a total of $314,209.60..." in a similar case: http://servicedogcentral.org/content/files/grad_v_royalwood.pdf
Category: Renting & Real Estate; 2010-09-05 18:10:34
5. Would this come under Federal or state jurisdiction?
If somebody was killed (shot, stabbed, whatever) on a sidewalk outside of a US Post Office, would that crime be prosecuted in a Federal or state court? Would it make a difference if the PO in question was Postal Service owned or leased property? Don't worry, I'm not planning except a novel, and this was a plot point which I thought of. So the sidewalk would not be considered Federal property? Okay. How about if the victim staggers into the lobby of the PO? Would the Feds (say, FBI) get involved then? I'm thinkiing of a serial killer-type scenario.
Answer: the Postal Inspection Service would have primary jurisdiction on crimes within a Post Office, not the FBI, but that would not prohibit the FBI from getting involved if they wanted to; and the FBI can assist local police on any crime if requested to do so by the local agency staggering into a PO after being assaulted does not change the fact that the crime was committed outside the Post Office if the FBI had been requested to assist the local police in a serial crime, they could do so anywhere within the US
Category: Law Enforcement & Police; 2010-09-04 17:43:26
6. How much would it be to LEASE a nissan 2010 Z® Coupe 370Z™?
http://www.nissanusa.com/configurator/en?service=external/EnterZipCode&mo=2010:370z&bs=default&tr=_TE_CB&us=25&se=21|25|3|34|44|8&pv=25|26|27|28|29|30 thats the car ^^^
Answer: $expensive.99 a month, hope you can drive stick :P
Category: Nissan; 2010-09-03 16:27:43
