Legal Help for Renters, Legal Help for Renters Options

[Lyressa Roberts]

Document and photograph everything, find out your legal options and follow through. Tell the PM that "you would hate for this to end up in small claims court", often just the threat of legal action will get their ass in gear.

Is the carpet glued or held in with nail strips? Feel along the edge, if it's held down with nail strips you can lift the carpet and the backside will tell the tale.

I'm not sure, I'll have to do that when I go back. I'm still staying in the old place through the end of this week (I think). I'm still waiting on a call back from the carpet cleaning place that originally did the carpets to see if he could get anywhere with the PM. If not, I'm going to try to get in touch with the owner, then I'm probably going to pay an attorney to send a threat letter. If none of that works, I'm pretty much screwed and would be better off cleaning it myself, but it is the principle of the thing...if they screw me on this, what would they NOT screw me on?

I actually got into a screaming match with the PM yesterday and somewhat threatened him with legal action, he was unhappy with me at the time. He gave me a number which I thought was the carpet cleaners and I hung up on him...turns out he gave me the wrong crummy number so I had to call him back. He was nice the second time around after he had time to think about it (I guess).

The problem with this situation, as it was pointed out to me by someone else who gives legal advice, is that if I let them get away with this, then they will expect me to give in every time if something else goes wrong.

What a mess....literally...hehehe.

[tdgray]

As far as I know, and I am not a lawyer and do not play one on TV, the landlord is obligated to clean the carpets , paint the walls etcetera BEFORE a new tenant moves in. This is it! He is not obligated to do anything once that is done

With that being said if he did not do a pre-move-in inspection with you I am not sure how the responsibility is placed for the cleaning. I would offer to split it with him.

Oh and by the way DO NOT withhold it from the rent check....this legal manuver is only for repairs on the property that were necessary for livable conditions that the landlord either refused to perform in a timely fashion or the he OK'd the renter to perform themselves or hire the work out. Might get in big trouble and then bye -bye security deposit.

Sorry about you situation and definitly pull the pad and carpet back and treat the subfloor or you'll never get the smell out. Good Luck (IMG:style_emoticons/default/boldblue.gif)

I'd goto your landlord's house and piss on his carpet. (IMG:style_emoticons/default/laugh.gif)

Congrats on the new place! Watch for Fremont cops, they are not very nice! (IMG:style_emoticons/default/ar15.gif)

[Toast]

I have been a renter all my life. I have came to the assumption that if I rent a place, that it is up to me to do minor repairs and sundries, such as carpet cleaning and fauset handles.

In most of my cases, unless the main water line busted or something major needed fixing, it would take forever to get the landlord to solve the problem if I was lucky enought to get it done at all. Most of the time, I could just get a part from the hardware store (usually under $20) and do it myself. But then again, I am just like that--id rater do it myself than deal with the hassle.
Im not saying all landlords are evil. My previous landlord of 5 years was wonderful and very cooperative.

Legaly, renters dont have to may rights uless something is violated in the signed contract or its illegal by state or county law. But then again, im not a lawyer. There is a Renters Insurance, (which I highly recomend getting!) but that only covers your belongings.

If the urine has soaked through to the capet pad, the smell will always linger. You would need to at least replace that part of the pad to remove the smell. Over time and with frequent cleaning, the smell from the carpet will diminish.

If the landlord has that type of attitude from the start, it will not change. If his cooperation or lack thereof becomes unbearable, you may want to consider relocating after the lease is up.

Good luck.

[Lyressa Roberts]

You guys have been great... (IMG:style_emoticons/default/aktion035.gif)

I actually called back again today and was a little calmer and actually got him to agree to send the original carpet cleaning guy out to take a look at the spot and give him (the PM) an evaluation. That makes me feel much better that at least he's trying. Of course, the fact that I threw the comment "Health Hazard" into the conversation may have been a motivator. In any case, at least something is being done...

(IMG:style_emoticons/default/beer.gif)

[Joe Bob]

Good one..... (IMG:style_emoticons/default/smilie_pokal.gif)

Now about my oil tank...... <_<

[Lyressa Roberts]

Oh, crap...I actually talked to him on the phone last night and forgot about it...but then he caught me just as I walked in the door. Have you tried calling him at HPH?

[TROJANMAN]

shamppoing it may only make the smeel worse. the urine probably stuck inside the pad. you can buy an odor killer at any pet shop for about $5. this stuff really works. unfortunately on cold damp says, the smell will return

[ss6]

Lyressa, sounds like you are making some progress with the PM, but here is a little extra ammunition. I'm not an attorney, though there are plenty of them in CA looking out for your rights as a tenant:

Health and habitability are hot buttons in California tenant law. Check out the City of Fremont's comments on the topic here:

http://www.ci.fremont.ca.us/Community/Hous...nitaryHomes.htm

Assuming the city buys in, you might want to ask the PM (as a matter of "courtesy") if he would like to be present when the City Health Inspector comes over to inspect your apartment (IMG:style_emoticons/default/wink.gif) . No landlord likes it when the local government takes an interest in his property; one never knows what else might turn up...

If your PM still refuses to play nice, you can make repairs yourself and deduct it from your rent, up to one month's worth. Check out page 33 of this document:

http://www.dca.ca.gov/legal/landlordbook/c...nt_download.pdf

Also check out the section on mediation. As far as the carpet cleaning goes, get it done right, ie make them replace the carpet pad, etc, have a professional do it, don't go half-assed.

If you know the service who cleaned the carpets in your place, get a receipt showing when the carpets were cleaned. That and your lease should document the fact that there was a time period between the cleaning and your occupancy when the carpets were vulnerable to contamination. That plus any records the PM has (ask him for these to first; hopefully, a mediator would compel him to provide these) of prospective rental visits would prove the carpets were exposed to contamination. If the PM does not keep such records, then he cannot prove the apartment *wasn't* exposed to contamination. Not that mediation is a forgone conclusion, letting your PM know that you are serious enough to pursue it might motivate him to come "clean".

The PM might keep dragging his feet on this in the hopes that you'll eventually fold and go away. Insurance companies have made this tactic famous. Once he sees you are not a push-over, if he has any working neurons left, he'll do the right thing. Otherwise, you have to remain persistent, and fight the fight. Winning is the goal; losing with the knowledge you did your best is far more honorable than caving.

Best of luck!

[Brad Roberts]

Damn.. my wife posts and gets more responses than I get in 6 months on multiple threads...LOL

Trust me.. we will win. Lyressa is like a Pit Bull.. except with blonde hair and blue eyes.



B

[boxstr]

Whos the new guy??? (IMG:style_emoticons/default/laugh.gif)
CCLINBRADSBACK

[Mueller]

can i rent a room from you guys??? it might be cheaper than paying for gas !!! (IMG:style_emoticons/default/wacko.gif)

[Joe Bob]

Damn.. my wife posts and gets more responses than I get in 6 months on multiple threads...LOL
B

She has boobs....you don't.....

[Brad Roberts]

I'm not back. I'm taking a 30 minutes break before I get back to work.


B

[Brad Roberts]

Mueller.. it is 10 minutes from your office right off of 880/84

If you want a place to stay a few nights a week.. I'm sure something can be arranged.


B

[rhodyguy]

b&l, enjoy your new stinky apartment (IMG:style_emoticons/default/laugh.gif) . you taking the bart and bus to work brad?

kevin

[Brad Roberts]

I drive the 10 minutes to work now in my truck. I hope to buy a 4cyl 914 for commuting before summer. I figured out today that I have 4 stop lights between the stinky house and the shop.


B

[Bleyseng]

I drive the 10 minutes to work now in my truck. I hope to buy a 4cyl 914 for commuting before summer. I figured out today that I have 4 stop lights between the stinky house and the shop.


B

Why not just "test drive" all those customers cars to your apt?

[silver six]

Lyrissa & Brad,

Sorry to hear about the mess.

Stain. On the stain, if it goes away after one washing, you are in luck, but if it does not and it smells like cat spray or hamsters then, yes, I agree with all the other posters that have suggested that you need to pull the carpet, the pad and scrub the base board. I've personally had this experience with my cat, and absent pulling the carpet there's nothing else that really works. Natures miracle, the enzyme clenser is awsome but it only works, (1) if you apply it immediately after the stain is created, and (2) only if you have not previously washed the stain with some other clenser (the other clenser sets the stain and then Nature's Miracle worn't work).

DIY That said, at this time you should absolutely not do it yourself. Most rental contracts specify that if the tennant performs repairs without notice and consent from the landlord then the tennant cannot recover her costs. Things change once you have provided notice and the landlord fails to act, but for now costs for any repairs you perform you will have to eat.

IWH. Interestingly I successfully sued by last landlord on, among other things, the implied warranty of habitability because of a permanently stinky room that they could never fix. I'm happy to help you guys. Just pm or call me and we can discuss a plan of action. But for now: no more contact with your landlord except in writing. And no yelling.

Douglas

[agentblr]

With the ratesso low tell your land lord to fuck off and buya house (IMG:style_emoticons/default/smilie_pokal.gif)