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Posted by Jessica on September 07, 2000 at 19:17:52:

My fiance and I are in a 1-year lease which specifically states, "If the property includes lawns and gardens, tenant is responsible for routine maintenence. Routine maintenence includes regular mowing, weeding, and raking."
No other agreements were written or spoken.
We take care of the yard and gardens (and have pictures to prove it), and now the owner claims it is our responsibility to either prune these giant hedges or pay half the cost to have them professionally done. If we do not, he is threatening a 30-day notice. The lease is up November 30, 2000.

California Civil Code 1942.5 states that this is a retalitory act against us, and that he cannot serve us our 30 days because we take care of our defined responsibilities and pay our rent. I am worried, however, that the particular chapter is only pursuant to non-tenantability of property. He is retaliating against us for wrongful reasons, but I'm not sure this will hold up in court.

HELP!!!! Please email me any suggestions or comments which are not based upon opinion. I'm gathering hard fact for court.
(It looks like that's where we'll end up.)

Thank you!
Jessica

Follow Ups:

• Re: Landlord wants us to pay half to get 12' hedges pruned.... James Shoo 09/10/00 (0)

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: My fiance and I are in a 1-year lease which specifically states, "If the property includes lawns and gardens, tenant is responsible for routine maintenence. Routine maintenence includes regular mowing, weeding, and raking." 
: No other agreements were written or spoken. 
: We take care of the yard and gardens (and have pictures to prove it), and now the owner claims it is our responsibility to either prune these giant hedges or pay half the cost to have them professionally done. If we do not, he is threatening a 30-day notice. The lease is up November 30, 2000.

: California Civil Code 1942.5 states that this is a retalitory act against us, and that he cannot serve us our 30 days because we take care of our defined responsibilities and pay our rent. I am worried, however, that the particular chapter is only pursuant to non-tenantability of property. He is retaliating against us for wrongful reasons, but I'm not sure this will hold up in court. 

: HELP!!!! Please email me any suggestions or comments which are not based upon opinion. I'm gathering hard fact for court. 
: (It looks like that's where we'll end up.)

: Thank you!
: Jessica


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