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fatcat937

Registered: 03/06/11
Posts: 19
Reply with quote  #1 

Just served my tenant with a 3 day pay or quit notice and now she has a laundry list of repairs that she is requesting to be done. What are my obligations to repair these items? One of them is old hardwood floor that is starting to splinter. I would like to cover it with carpet but dont really want to do this while she is still in there. Funny that there were no concerns with the rental until i asked for rent and now she has a list of 15 items. I know there is a "reasonable time" in which repairs need to be made but i would have to be there almost everyday to complete her list.

Sam

Registered: 05/29/08
Posts: 563
Reply with quote  #2 

Take the list and go and inspect since she requested repairs and determine what is a habitability issue and if any, take care of that (one or none) and as for the others, give written notice that they are either "scheduled for repair, to be done in 30-60 days" or "denied - cosmetic only, does not affect habitability".  Then proceed with the eviction.  She will use every tactic so be sure to document, take pictures of her "needed repair areas", etc. and document!... but chances are she won't be there when he repairs are to be done anyway, if needed at all.  Be sure to note anything that is tenant damage vs. repair.

fatcat937

Registered: 03/06/11
Posts: 19
Reply with quote  #3 

I gave her a "request for repair" sheet and asked her to fill it out and return it to me either by certified mail or in person with a reciept that it was recieved. She is denying to do this stating that i "already know what the repairs are" as she says she sent them in a text. court says they are backed up and prob wont have a court date for 4-6 weeks. am i still obligated to repair if she wont fill out the form? also i went today to check the status of another concern and she video taped me the entire time. Is this allowed? am i allowed to take pics of her "concerns/needed repairs" as she refuses to allow me to take pics.

Josh

Registered: 04/11/10
Posts: 123
Reply with quote  #4 
Yes you take pictures of YOUR property. No she cannot stop you from doing so.
Do as you were advised above. Post your whatever hour notice of intention to enter the property for repairs or inspection of the repair requests. She doesn't have to be there.
If she refuses entry document it with a witness.

The landlord is in control.
The tenant is not.

Stand your ground.




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Long Beach CA Landlord
fatcat937

Registered: 03/06/11
Posts: 19
Reply with quote  #5 

Now she has added a completely broken stove, infestation of fleas and a broken shower to the list of repairs. so went there today with police , because she is becoming harassing, to serve her a 24 hr notice to do repairs. she says she will refuse for me to come into "her" apartment for me to do repairs. thats fine because i dont feel comfortable doing repairs while she is there anyways. then 3 hours later she texts me saying she will allow me to make repairs and has a itemized list for me of money i owe her .. what!!!! and she is also sueing me for unlawful entry (which did not occur).  i cannot wait for court!!!

Josh

Registered: 04/11/10
Posts: 123
Reply with quote  #6 
Get your paper trail in perfect order. Document document document. That is the formula to winning a court case. Speak only when the judge asks you a question. Always address the Judge as "Your Honor". Provide pictures copies of documents in triplicate one for you one for the judge and one for the tenant. Dress well I usually wear a 3piece suit. Courts have a dress code. Always look the Judge in the eye when speaking. Speak clearly not to loud but loud enough. Be  polite. Do not argue with the tenant even if she burst out in a rant. Let her bury herself.

Try to negotiate a settlement with the tenant before you see the judge. This is required in most courts. I won't give them much at all. I'll make a ridiculous offer at first so they know it's a up hill battle with me now that we are in court. That is IF they show. Most will not show. You always show up. Go through the process. You will get your case won if they don't show up for court here in CA the land of fruits and nuts and the sue happy peeps.




__________________
Long Beach CA Landlord
Josh

Registered: 04/11/10
Posts: 123
Reply with quote  #7 
Cover the hardwood floor with Allure instead of carpet. Anything but carpet.

__________________
Long Beach CA Landlord
fatcat937

Registered: 03/06/11
Posts: 19
Reply with quote  #8 
Had my 24 hr notice to fix repairs and inspect home today along with someone to fix the repairs (i was basically there to be a witness). 1st she answers the door in a towel (as she always does and the reason why my maitnence men do not want to be there alone). Says she just got out of the shower. 1st of all she always knows what time we were coming, why is she always in a towel?. but ok. I have a audi recorder along with taken pictures of before and after of her "concerns" because she refuses to sign the repair form stating repairs have been made. (she also has a video camera taping the entire time we were present). She is making rude comments about the property and how i "fix" things the entire time. she had concerns of water pressure-false, she has concerns of the shower not working-false. We replace the dripping kitchen sink and leaking kitchen drain. Check the "broken" furnace. the switch to the furnace has been turned off. mmm suspicious. turn it on and furnace comes right on. checked the "broken" stove the stove outlet doesnt have electricity coming throu it so go to check that breaker and she kicks us out saying we are taking to long to make repairs. I told her that 24 hr repair sheet was from 10-1 and it was a little before 12 and still had time to make all repairs. She again demanded us out of "her home" without the rest of the repairs being made. so we leave. then recieve a text saying the kitchen sink is again leaking (nope let it run for 3 mins on video with no issues) and that the maitnence man may come back but i was not allowed back into her home because i thretened to call the police on her. (she told me to get out and if i didnt she would call the police. I told her that i would appreciated if she did call the police because they would also tell her i had a right to be there since i had a 24 hr notice)

At this point i have made 4 attempts to repair and inspect items and have either been denied access or she has not been present (and i dont feel comfy entering without her there even with the 24 hr notice). My maitnance men now refuse to go back into the rental because of her only wanting them in there, always answering the door with just a towel and the remarks she makes about work while they are there and a video camera being in thier face the entire time. The court date for eviction is not for another month! what options do i have at this point in regards to repairs? can i now deny repairs since we were there today to do them and she threw us out?
Josh

Registered: 04/11/10
Posts: 123
Reply with quote  #9 
Are you using a lawyer for this case? I would. I believe you have done all you can do.
AND WITH a Lawyer handling this case for you.... you will win this. I would not go to court without a lawyer though. Not on this case.


__________________
Long Beach CA Landlord
fatcat937

Registered: 03/06/11
Posts: 19
Reply with quote  #10 

really? why would you suggest a lawyer? its suppose to be a hearing on evicition. She hasnt paid rent in two months.. i would think it would be a open and shut case. In regards to her complaints that repairs need to be made i have 4 24hr notices posted and pictured and have witnesses of either her not allowing entry or throwing us out.  Not to mention a note posted from the inside of the door that says im not allowed in her home. i also sent a certified letter stating how she has not allowed us to make repairs and that she needs to send me a letter back certified mail to make needed repairs. i just think this case should be simple. but then again this is my first eviciton in this county so im not sure what to expect

Josh

Registered: 04/11/10
Posts: 123
Reply with quote  #11 
I'm in Long Beach CA depends on where you are as in what State, what county, what city.
I've never heard of  having a hearing on a eviction case here. The few evictions I've had over the past 15 years I always use a lawyer. As soon as I file for eviction I no longer have any communication with the tenant. All is done by written notices. Any repairs needed during this time I always take one worker with me. I post a 24 hour notice of intention to enter usually 48 hours a head of time. 


__________________
Long Beach CA Landlord
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