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where do you go about finding tenant laws?

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where do you go about finding tenant laws?

Postby thereasonimmad » Thu Jan 18, 2007 6:55 pm

I have an issue with my landlord in California. They tell you to not detail anything in this forum but in general there was an unexpected accident right outside my front door, my lease says I am liable for it even though it wasn't my fault and I am fine with it I want to repair the damage. The problem now is to find somebody to do the repair, the landlord said he would find somebody because the insurance company wants certain kind of repair done, etc etc,I told the landlord I was fine with it , but it has been 20 days and he will not bring anybody, if I call him he says "tomorrow" because he is busy today but he never shows up. I am getting tired of it because my lease is ending in 15 days, he won't give me an estimate or an idea of how much it will cost and my fear is he is planing on taking whatever chunk he wants of my 1500 dlls security deposit with the excuse that I didn't repair the damage.

I am also not very excited about the idea of hiring somebody myself because I ignore what the insurance company wants or needs , the landlord won't tell me. I really wanted him to hire whoever he wanted so I am not liable if it is not done properly.

I would like to know where I can find laws about this kind of incident, what are the steps to take. And any advice you guys could give me would be very appreciated. Thanks !
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Postby bluegrasslady » Sat Jan 20, 2007 11:30 pm

Well, I don't know anything about the laws in California, but if you want to protect yourself, you may want to write to him certified, RRR requesting an estimate form his insurance company and an exact amount as to how much you owe. I think you're right to assume that he would likely take a reduction from your security deposit; it's probably the easiest way for him. The insurance company may not yet have given him an estimate--he may not even have called them. In the letter you could ask for the name of the insurance company and tell him you'll call them yourself, seeing as how your lease is ending so soon. This may irk him enough to get him to call them. On the other hand, he may ignore it.

As for your lease ending, I assume you're moving. This could take months (hopefully not). Perhaps he plans to do the job himself, not to even tell the insurance company, so that his insurance doesn't go up.

If you aren't willing to give up your security deposit, I would contact any tenants' organizations nearby and seek their advice. You may want to get one or two professionals to come out to examine the problem and give you an estimate (this will at least give you an idea of how much it would cost to fix; maybe it would be MORE than your security deposit!). If it won't take much to fix, and there will be much of the security deposit left over, at least you'll have some papers in writing if you end up taking him to (I'm assuming) small claims court. At a minimum, at least then you'll have an idea of what it should/could cost.
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Postby thereasonimmad » Mon Jan 22, 2007 9:05 pm

I want to thank you bluegrasslady for your reply, and I want to explain what is going on in case somebody else gets in this kind of predicament, if you can fix things yourself with your own contractor then do it and don't wait for a saying from the landlord, if it is something you are supposed to get fixed before you move then get your own people. My landlord tried to fix the things himself and charged me the same a professional would do, I agreed but I made him sign a receipt where he agrees I paid for the job, that HE was the contractor for his own choice and the matter is over at least on my side. If he doesn't like the job or it breaks after this that is his problem and I don't care.

I still would have liked to have a professional do it but I was dumb and didn't know what to do, also my landlord shows up whenever he wants and that is a HUGE issue for me and a big reason why I am moving, I can't have privacy. But any professional could have done the job with no problem. So if you are in California and you have an accident get somebody professional to do it, you should tell the landlord about it and explain you are hiring a professional to do the job, just make sure to get a receipt in case the landlord disagrees with the job the professional contractor did.
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Postby TenantNet » Mon Jan 22, 2007 9:12 pm

Hold on here. WHile you didn't explain the details, I'm wondering if the LL got you to pay for normal repairs? If so, you should not pay one cent. That is what you pay rent for. The LL is obligated to maintain the premises in good repair in almost every place in the country.

The exception would be if you broke something through misuse or negligence. If something broke while you were handling it in the normal way it was intended to be used, then the LL is responsible. If something is old or wears out through normal usage, that's a repair or replacement that the LL must cover.

I hope you didn't get taken.
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