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Michelle

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Posts: 16
Reply with quote  #1 

When I saw an ad on the internet to rent a home, the Landlords promised a savings of $500 off the first months rent for a one year lease. if we moved in by a certain time.  We met all of their qualifications and more (a $500.00 holding deposit)  We signed a two year lease but never received our Move-in special.   Now they want us to move out because they are going through hardships.  We've only lived out our lease for nine months thus far.  What should I do about the Move-in special and them breaking the lease.  Oh also, they are in breach of our lease.  They promised us they would maintain pool service every week but they have cut that in half.  They have not lived up to their promise of completing repairs on the screen door and carpet installation.  They have killed our "quiet enjoyment".   What to do about this in California.  Please respond.  Thanks

OHlandlord

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Posts: 3,814
Reply with quote  #2 
The move in special you saw is typical of specials that LLs offer.  It typically is credited when you reach the end of the required lease period (usually after 12 months of payments are made), not the beginning.  Since you haven't gotten to the end of the lease period and aren't going to fulfil your lease obligations by staying until the end of the lease, you won't get the credit.  If you read the fine print of the offer you received in writing or the lease clauses, it is probably listed as such in there. You will often see this as a free month of rent.  You normally pay for 12 months, then get the 13th month free in this type of offer.  If you don't pay for the first 12 months, you don't get to the free 13th month and lose the credit.

Was it listed in your lease or in some written agreement that the pool would be maintained weekly or that your carpet would be replaced?  If not, you have no written promises of such.  Verbal agreements are worthless and cannot hold up in court.  If you don't have these in writing, they have breached nothing and have not violated the lease. 

If you have them in writing, you should have written a letter to the management, requiring them to hold up their agreements and you should have sent it to them by certified mail, return receipt requested (keeping a copy).  This would have put them on notice that they were in violation and that you wanted service.  If you did not request service in writing, you have no proof that you ever requested any service done.  (Again, verbal doesn't hold up in court.)  Did you make requests for repairs to the screen door (cosmetic repairs)?  Cosmetic repairs do not need to be done.  Was the screen door specifically listed in your lease or your condition statement?  Failure to maintain a screen door is not sufficient reason to deem a lease violated.  This is a very minor complaint.

What is this about quiet enjoyment?  Are you being disturbed by management or the neighbors?  Have you reported this to the police and to management (again, in writing)?  If no written reports exist on this, you have no proof of this.  Management cannot take action against noisy tenants without written proof.  You have to maintain a paper trail in order to prove claims like this.  You should have made written complaint to management to abate the noise and sent proof of the disturbances (specific info, date & times, copies of police reports, etc.)  This should have been sent to management (as always, by CM, RRR, and keep a copy).

Finally, you have been asked to move because you are going through hardship.  That means you must either be behind on your rent or other monetary issues.  Have you been served notice to pay or quit yet?  Just asked to leave and given an offer to allow you to terminate?  Served with eviction notice?  Is this in a rent control area?
Michelle

Registered:
Posts: 16
Reply with quote  #3 

Read my ad again.  The landlords are going through hardships.  They want to break the lease of two years.  We do not. The pool maintenance is documented in my lease agreement of two years. We have always paid our rent on time and in full.  There are no issues other than the landlords wanting to sell their house.  Regarding the Move-in Special--The lease ad read:  $500.00 off first months rent when signing a year lease.  $100.00 off first months rent when signing a 6 month lease.  We signed a two year lease and received nothing.

OHlandlord

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Posts: 3,814
Reply with quote  #4 
Sorry, I didn't read the post cllearly.  If the ad said the money was to be deducted from the first month's rent, why wasn't it deducted from the first check you wrote them.  The one that paid first, deposit, and perhaps last month's rent?  Did you ask about it when you gave them the first monies?  After 9 months, it may be too late to try and enforce this now.  You should have requested this reduction when you took occupancy if the ad said it was off the first month's rent.  You have paid rent 8 times since then.  Do you have documentation where you have been pursuing this refund for the last 9 months?  If not, a judge will likely not award it to you this far into your lease.  You should have asked about this earlier.  You could atempt to sue in small claims court for this, but I don't know if it would be awarded to you.

As per the pool maintenance, do you have it in writing? Does it state how often it would be maintained?  Please post any lease clause that refers to pool maintenance.  Normally pool & yard maintenance is the responsibility of the tenant in a SFH.  Without a written agreement to the contrary, it will be hard to prove they agreed to maintain it.
Michelle

Registered:
Posts: 16
Reply with quote  #5 

Yes, the pool is maintained by us but the chemicals are the responsibility of the landlord according to my lease.  They stopped the chemicals every week and now it's every other week.  The agreement says "every week".

OHlandlord

Registered:
Posts: 3,814
Reply with quote  #6 

If the lease says the pool checmicals are to be provided each week by the owner, send a certified letter (return receipt requested) to the owner stating that they are not meeting their responsibilities under the lease as far as the pool is concerned.  Quote the lease clause that shows where they are to provide them.  State that you want it corrected within 30 days so that theese are provided weekly as per your lease.  Keep a copy.  If they do not comply, you can see if your state will allow you to repair & deduct (not legal in all states).  You would buy the necessary chemicals yourself and deduct the costs from the monthly rent and send the owners a copy of the receipts with the rent.  First send the letter and see how they reply, then post back here and I can give you the statute to repair & deduct to see if this is an option.  Repair & deduct is legal for some issues in CA.

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