Guide to Dealing with Apartment Noise Complaints for Renters
Handling a noisy neighbor is perhaps one of the most difficult issues in urban areas.
You come back to your rented apartment after a long day at work and are looking
forward to peaceful sleep or quiet time but sadly, it becomes impossible. You can
never rest because of the noise coming from your neighbor’s apartment. No doubt,
you have an apartment noise complaint against your neighbor.
It may be easy to just wish away the problem. However, you will not find a solution if
you remain passive. If you think that the neighbor will realize by himself that he is
being noisy or someone else will ask him to quiet down on your behalf, you are just
fooling yourself. In fact, you are only prolonging your agony when the problem can
be tackled effectively.
Rest assured that if you vocalize your severe discomfort and annoyance, it will not
make you a bad neighbor. It may sound absurd but perhaps your noisy neighbor is
really not aware that he is giving you such a hard time.
Hence, you can very easily handle this problem by taking any of the following steps.
If one of these steps does not work, you should always try the other:
- Try telling them directly
Nowadays, people hardly pay attention to who is living next door. Consequently, it is
natural for them to turn unmindful. They indulge in such activities carelessly, which
cause anxiety to their neighbors. It is true that some people are highly tolerant of
loud noise and in fact appreciate it too. Perhaps your neighbor belongs to that
category.
Therefore, gather sufficient courage to ask them to stop being nosy. Knock at the
door of your noisy neighbor and request him to reduce the level of the music or the
concerned noise directly. By communicating your disapproval of the noise that they
are making, you may get relief from the persistent problem.
However, all your efforts will go to waste if this particular neighbor turns out to be a hostile and aggressive individual. Your apartment noise complaint may be greeted with ridicule or abusive words. The outcome of this step is not certain. Actually, you
may find yourself worse off after this encounter if the neighbor is shameless and
decides to annoy you more.
- Use a softer approach
If you are not comfortable in being straightforward and do not wish to offend your
noisy neighbor, you should use manipulation. Be appreciative of the activity that
causes the noise and then request them to do the same activity at some other time
(of course, the time should be convenient to you).
For instance, if your neighbor likes to play the violin at 2 a.m. then, you should first
start the conversation with customary greetings. Next, you should appreciate their
violin playing and express how happy it makes you to hear them play. Then, softly,
tell them that since you require getting up early in the morning, you need a good
night’s rest but you would really love to hear them play, say, in the afternoon.
The idea here is to suggest a more convenient hour (for you) for the noise-making
activity. The chances are that your suggestion may not be acceptable to your
neighbor and they may see through your sweet talk. Hence, your efforts will be in
vain and it might be embarrassing for you.
- Contact your landlord
Making an apartment noise complaint with your landlord or manager is a good
option. After you have complained, give him some time to talk to the noisy neighbor
and resolve the problem.
However, it is highly probable that the landlord or the property manager refuses to
act upon your complaint or you do not receive an agreeable solution to your
problem.
Hence, what is the best measure to take when you have an apartment noise
complaint?
- File a complaint immediately with the Rental Protection Agency (RPA).
Now, what is RPA?
RPA is the authority, which will help you in asserting your right to enjoying noise-free
environment. This agency operates in all the 50 states. Hence, no matter where you
stay, you can file apartment noise complaint with RPA. You can file a complaint via
the RPA’s website. Wait no more.
Take this step straight away.
How will RPA work on your behalf?
After you file a complaint, RPA will get in touch with the manager of the property or
your landlord and will offer quick mediation through its web-based mediation
system. Your complaint will be documented. Your rights as a tenant will be protected
by the agency’s special program. Settlement reached via RPA will be legally
enforceable. You should request a certified letter be sent to your landlord.
Additionally, your complaint against your landlord or manager can be used in court
as evidence.
Ensure a peaceful environment for your family, file an apartment noise complaint
with the RPA immediately.
California Renters Rights
Do you know your California renters rights? As a renter it is often hard to know what your rights are and where to turn when you do have problems with your rental. Of course, we all know that we try to contact our landlord first to resolve any issues but sometimes the landlord is just not willing to help and you begin to wonder if it the problem with the apartment is something he should fix or is it your responsibility. This article is written to just touch on some of what some of the basic California Renters Rights so that you might understand what those rights are.
Implied warranty of habitability
It is your right to have a place that is fit to live in. That means that it needs to meet the state and local building and health codes and be safe so as to not affect your health or safety. What are some issues that may affect your health and safety if not taken care of in your rental or apartment? The following are issues that might fall under this category.
- Is your furnace or air conditioning not working properly in your rental unit?
- Do the locks on your door and windows work properly to make your apartment or rental safe from intruders?
- Is your water heater working properly so that you have running hot and cold water? Does your toilet, sink , shower or tub all work properly? Are they in a room that allows you privacy?
- Are there electrical problems in your rental unit? Do you have plugs that don’t work?
- Do you have smoke detectors in your apartment and are they working?
- Are the hallways in your apartment building in good repair and well lite so that you can see in all the corners and down the hallway? If you have stairs in your building are they safe to walk up and down without any broken steps or missing handrails?
- Are there plenty of trash containers to hold your trash outside and is the trash picked up and disposed of in a timely manner?
- Do you have problems with bed bugs, roaches, ants, spiders or rodents in your apartment? Is the problem bad enough it needs an exterminator to take care of the problem?
- Do you have mold in your apartment that needs to be cleaned up? Is your landlord aware of this problem?
Your California renters rights require that you take on certain responsibilities also. Listed below are a few of those responsibilities.
- You have the responsibility to make sure that your unit is clean and liveable.
- You are responsible to make sure that you handle the electric, plumbing and use and operate any gas fixtures properly. This means you do not overload your electrical outlets. You do not flush foreign objects down the toilet. You must keep all electrical, gas or plumbing fixtures clean and not allow them to become filthy.
- Dispose of your trash in a sanitary manner.
- You or anyone else should not damage the rental in any way or you will be responsible for the damage.
Privacy Issues
Does your landlord enter your apartment without giving you notice? Does he enter at inconvenient times for you? Do you feel your privacy has been violated?Your California renters rights state that he should give you 24 hour notice that he will need to enter your rental. He is to be allowed to enter your apartment or rental to make repairs and your should work with him so he can fix things. He can enter your apartment without the 24 hour notice if there is an emergency.
SECURITY DEPOSIT REFUND
How long after you leave your apartment does the landlord have to return your security deposit?Your landlord has 21 days after you leave to return your security deposit minus any costs for damages caused by you or your family members, other tenants living in the apartment or rental or any damage caused by pets. Within that 21 days he must send you an itemized list of the cost of repairs. He cannot charge you for normal wear and tear of carpets and furnishings. He can charge you for cleaning of your apartment if it is not as clean as it was when you first moved in. One of the best things you can do to protect yourself is to take pictures of your apartment when you move in and when you move out to make sure that you have proof that things are clean and that any damage that was there when you moved in is documented so that can’t charge you for damage caused from previous tenants.When you are ready to move out, California renters rights require that the the landlord give you a written notice of your right to request an initial inspection of the rental and that you be present during that inspection. If you do this inspection with the landlord, you will be able to find out things he wants fixed so that you can get your security deposit back after you vacate the rental. This normally is not sooner than 2 weeks before your move out date. He must give you 48 hours advance written notice of the inspection telling your the date and time of the inspection,
EVICTIONS
Have you been illegally evicted? Have you been locked out of your apartment or have your utilities been turned off? If you have been served with a 3 day notice to vacate, you must respond to it and take the actions required to fix the problem if the eviction can be resolved, such as you are late on your rent payment. You can’t be locked out of your apartment without the landlord going through the proper court channels. You are entitled to a court hearing if you believe you are being evicted for the wrong reasons. So that means the landlord can’t force you to move by locking you out, removing outside doors or windows or cutting off your utilities or removing your belongings.
If any of your rights above have been violated, you should file a complaint with the Rental Protection Agency.
Receive California 30 Day Notice to Vacate from Landlord?
I have a month-to-month tenancy with my landlord. I have lived in my apartment for the past 19 months. I am the only tenant in my rental. I have always paid my rent on time and have never caused any problems. I have tried to take good care of my apartment. I have just been served with a California 30-day Notice to Vacate the premises from my landlord.
Apparently the landlord’s sister has moved to the area and needs a place to live, so he is evicting me so she can live in my apartment. What are my tenants rights when given an eviction notice in California? Can my landlord evict me? Anthony Taylor
RESPONSE:
Anthony, I am so sorry to hear that you are having to move. It sounds like you have liked living where you do and that this is really unexpected. I can understand that trying to find a place to live within the next 30 days could be quite challenging especially because you were not expecting this to happen. Your landlord can give you an eviction notice because his sister needs a place to live. He doesn’t have to give you a reason for the eviction if you have a month to month lease but it is my understanding that according to California law a tenant that has lived in a place over a year should be given a 60-day written eviction notice when being asked to terminate not a 30-day eviction notice in California. If a tenant has lived in a unit less than one year, than a 30-day written eviction notice is appropriate. So it appears to me that you should be entitled to the 60-day written eviction notice.
There are some exceptions to the 60-day eviction notice versus the 30-day eviction notice in California but it doesn’t appear that they apply to your situation. For example, if you or anyone else who is living in your rental has lived there less than one year, then the 30-day notice could possibly apply but you said you are the only tenant.
Or if the landlord had contracted to the sell the rental unit to another person who was going to occupy the unit for at least a year after the tenancy ends, then there are very specific stipulations that have to be met in order to reduce the eviction to 30 days. Normally the landlord and owner are required to give the proper amount of notice to terminate according to your lease or a month to month contract, which in your case appears to be a 60 day eviction notice.
It is important to remember that once you have an eviction notice you must vacate your property by the date of termination. Because at this point you would be expected to move, it is important that you get some help to negotiate with your landlord as to your rights as soon as possible. If your landlord is not willing to work with you, then an option I have found that helps negotiate with landlords is to contact the RENTAL PROTECTION AGENCY to file a complaint. I suggest that you request a certified letter be sent to your landlord when you make the complaint. It is important to get as much documentation as possible.
Working with a mediator is usually a much better option than filing a lawsuit and going through the court system for both parties involved. The court system prefers that you try to work out things before coming to them if at all possible. In most cases the landlords are more than willing to work with the RENTAL PROTECTION AGENCY to come up with a solution that will work for both parties. They don’t want to go to court any more than you do. If your landlord is in the wrong and does not want to work with you or them, they will have a public negative record and so if someone searches for the landlord, they will find the landlord with a negative result and not want to rent from them.
What is Normal Wear and Tear in a Rental?
Moving out of your apartment should be a joy, but with so many things to organize and so many potential problems waiting to rear their ugly heads it can quickly turn into a nightmare. It is important that you know your rights as a tenant in California when you are moving out.
One of the most common problems of moving out of a rental or apartment relates to your security deposit refund in California and understanding what is normal wear and tear in your rental. You can’t have your security deposit deducted for what is normal wear and tear in your rental so it is helpful to understand what things you can and can’t have deducted from your security deposit. Under California law your security deposit must be returned within 21 days of the end of your lease unless the landlord is going to deduct something from your deposit which he has to let you know what is being deducted and how much and give you an opportunity to respond back to him, but all too often the process doesn’t run as smoothly as it should. Landlords often try to deduct money from the deposit to pay for repairs and restoration of furnishings, but without a well-written, air tight lease agreement it can be difficult for tenants to know if these charges are legitimate.
One of the most common charges faced by departing renters is for the replacement or restoration of carpets. As these items will suffer wear and tear over the years they’re likely to suffer some level of damage during a tenancy. However, it may not always be legal for landlords to lay the cost of their replacement on the renter. Because both the landlord and tenant have rights in California, you need to know what is your right as a tenant so that you can’t be charged for things that are not your responsibility.
Normal Wear and Tear
A standard lease assumes that soft furnishings such as carpets, curtains and drapes will suffer a certain level of normal wear and tear throughout a tenancy. Carpets will become scuffed and worn, and may pick up small stains here and there. It isn’t legal for landlords to charge for the repair or replacement of carpets displaying what could be described as normal wear and tear to the carpet. Instead, the landlord will be financially responsible for the replacement or repair.
Leave It as You Found It
While normal wear and tear can be a tricky thing to measure, the best way to avoid a dispute is to clean the property as thoroughly as possible before moving out. Landlords are entitled to retain a portion of your deposit to restore the property to the condition it was in the day you moved in, so they may charge you for carpet cleaning or claim that a portion of your security deposit counts as a ‘cleaning deposit’. The cleaner you leave the property, the less likely it is for this to occur.
If you feel you are being wrongly charged, File a Complaint with the Rental Protection Agency.
Repair or Replacement Due to Damage
If you caused damage to the carpets that goes beyond normal wear and tear – cigarette burns or rips, for instance – you may be liable for a portion of the cost of replacement. If your carpet was damaged when you moved into the property, it’s important to document the damage during inventory to avoid losing part of your deposit when you move out.
The “Useful Life” Rule
While in some cases it may be perfectly legal for a landlord to withhold your security deposit refund to pay for replacement carpets, you’ll rarely be liable for the full amount.
Under California law items such as carpets are charged only for the remainder of their “useful life”. That is, if a carpet was new when you moved in five years ago and the useful life of the carpet was judged at ten years, then if the carpet must be replaced when you move out you’ll only be liable for 50% of the cost – the remaining five years of its useful life. If the carpet is already older than its useful life, you won’t be liable for the cost of replacement.
It’s common for unscrupulous landlords to attempt to retain as much of the security deposit as they can, but with the right guidance and knowledge of renters law it should be possible to combat a dishonest landlord and secure the refund that’s rightfully yours.
How Can I Break My California Lease?
Breaking a lease in California occasionally comes about because of situations beyond our control, such as moving out of the area for a new job, military deployment, losing a job or a variety of other reasons. Before you try to break your lease, make sure that you read your lease thoroughly so that you understand what you agreed to when you signed your lease. You need to understand the rights of tenants in California so that you will not be held responsible for breaking your lease wrongfully. There may be a condition that will allow you get out of your lease if you give a 30-day notice or it may be that your lease will automatically extend a second year unless you notify the landlord in writing.
When you sign your lease agreement, it is usually for a specific amount of time and is harder to get out of regardless of your circumstances. Sometimes a lease agreement may have a clause that will allow you to pay a certain fee in order for your terminate your lease early. If you don’t have this clause, then you are responsible for rent for the remainder of your lease unless your landlord can find a new tenant to take your place before the lease expires. California law does require your landlord to make a good-faith effort to find a new tenant to help minimize your financial liability to him. A lease usually protects you from rent increases and guarantees you a place to live unless you do something that would cause you to break your lease agreement.
You may be legally allowed to break your lease if your landlord has not kept your rental in good repair. But before you do anything you must make sure what you are wanting to do will be within the rights of your lease agreement. You want to make sure that by breaking your lease you will not lose your security deposit in California.
You may be surprised that when you talk with the landlord, he may not hassle you and let you out of your contract. If when you call him and he says he will do this, have him draw up the final papers ending your obligation to pay rent or if he asks you to put it in writing before he will agree, write it up and submit the paperwork to him as soon as possible. Get his signature and your signature on the form and make sure you keep a copy so that he can’t claim you owe him more money. Whatever you do, don’t just move out without the proper paperwork, or you will still be under obligation to pay rent on whatever is left on your contract.
If you feel your landlord is going to give you a hard time when you want to break your lease, then look for a uninhabitable condition in your building as a reason for moving. This might be something like noisy neighbors or criminal activity taking place in your building. But be careful with the reason you are coming up with that it is a legitimate condition that can be proved.
If a landlord has been contacted by the tenant but he refuses to maintain the rental in good working order and the unit becomes uninhabitable or unsafe because of things like a faulty electrical system, poor waterproofing, such as a leaking roof, pests, or unsanitary grounds, or plumbing not working properly or anything else that may be a violation of the California Health and Safety Code, then the tenant can terminate his lease immediately without penalty under the California Tenant Law. Before doing this make sure you have all the documentation you need to back up these conditions and refusal of the landlord to correct the issues. Filing a complaint with the Rental Protection Agency may be able to help you solve your renters problems. They can help you negotiate with your landlord. You will also have documentation showing that you have tried to solve the problems.
If you have become unemployed, this does not justify you breaking your lease. You will still be responsible for any rental contract left on your lease.
The Soldiers’ and Sailors’ Civil Relief Act, Title 50 of the United States Code, Section 534, is a federal law that gives military personnel the right to terminate their leases if they entered into the lease agreement before active duty. In order to terminate a lease, a soldier has to be called to active duty.
Military tenants are by California law given the legal right to terminate their lease agreements if they are transferred or called to active duty. The transfer or deployment order must be for at least 90 days to qualify as a permanent change to justify the termination of the lease. They have to provide the landlord with written notice and a copy of their orders. The earliest this termination can take effect is 30 days after the next rent payment is due. They are required to provide a written notice of termination by certified mail or private delivery with return receipt. Without exception, they would still be responsible for all rents up until this lease is terminated.
So if you are looking at breaking a lease, make sure that you know your rights and the rights of your landlord. Because state laws are constantly changing, you may want to seek the advice of an attorney licensed to practice law in California. This is not be used as a substitute for legal advice.
What Kind of Repairs Is My Landlord Responsible For?
Occasionally something goes wrong when we are renting and we aren’t sure what are the tenants rights and responsibilities and what are the landlord’s responsibilities are to fix those things. California law states that landlords and tenants have their own responsibility for certain kinds of repairs. The landlord is legally responsible for making sure that their rental units are habitable. As a renter, you should know the kind of things your landlord repairs.
What is “habitable”? This means that the rental complies with state and local building and health codes that would affect the tenant’s health and safety and that it is safe for human beings to occupy.
Landlord Responsibilities in California:
You landlord repairs things like when your heater is not working properly or you have noticed that you have a leak in the roof. These things need to be handled quickly before more damage is done to the rental unit and for your safety especially if the heater stops working during the winter months, which could have serious affects toward your health and well being. If you do not have an operable dead bolt lock on your main entry door or your windows will not lock properly, you should contact him for help. If the lights or wiring in your apartment are not working correctly, he should be contacted. If you don’t have smoke detector in your apartment, or your stairways are litter with debris, no lights and are not safe. Do you have mold growing? Contact the landlord to make repairs as soon as possible so that he has time to take care of things in a timely manner. These are some of the things that he should be able to fix.
File a Complaint with the Rental Protection Agency if you need help with this.
When you do contact your landlord for repairs, it is best to both call and send a a letter preferably by certified mail with return receipt requested so that you know he received it. It is not required but a good idea. Even if you contact the landlord by e-mail or fax, it is still a good idea to follow up with a letter. Make sure when you contact the landlord that you describe in detail what the damages or defects are and what the required repairs would be. Always keep a letter of what you send.
California Tenants Rights and Responsibilities:
California tenants rights and responsibilities require the tenant to make sure that they keep your unit and surrounding areas as clean as possible. You should make sure that you are not overloading any of the electric outlets or flushing large or foreign objects down the toilets that should not be flushed down the toilet. You should make sure that you take care of your garbage in the appropriate manner and that it is placed in containers outside provided by the landlord. If there are no appropriate trash containers, contact the landlord to make sure that containers are available so that you can keep your surrounding area clean and free of rodents. You should make sure that you fix any damage to the rental that may be caused by you or anyone or pet that resides in the unit with you.
How to get your landlord to make needed repairs:
If you have contacted your landlord about problems with your rental and he is unwilling to help, then FILE a COMPLAINT. Filing a complaint will start the process of having a mediator work with you and your landlord to resolve the issue in the best possible way for the two of you. It will provide you with documentation as to what has been tried and the solutions that have resulted. Filing a complaint is a quick and easy process, which you do online.
You have the right to live in a safe and clean place. You have the right to have things repaired in a timely manner. File a Complaint NOW if you are having problems and your landlord isn’t working with you to fix your rental issues!
Mold In Apartment Facts
I have a friend that lives with roommates recently contacted me and asked, “What can I do about Mold in my apartment?” They have recently discovered mold in their apartment when they began seeing the mold behind the bed and in the closets on the wall next to the bathroom. It is really starting to spread and they were concerned.
What is Mold?
Mold is caused by excessive moisture to surfaces or materials in an apartment or house over a long period of time where it can grow. If this is not resolved, health problems could become an issue for those residing in the apartment or house. Those that are most susceptible to problems with mold are usually the elderly people and small children and especially those that suffer from respiratory problems such as asthma. Some of the things that can cause this moisture build up would be leaky pipes, leaky roofs and even improper ventilation.
What should you do when you find mold?
First, it is important that you contact your landlord immediately to let him know that you have a problem so that he help remedy the problem before it worsens. Make sure that when you contact him that you send him a letter, a certified letter is even better, asking for repair of the mold situation explaining in your letter where you have mold. Include any information that might explain the possible causes of moisture, such as leaking pipes. Make sure you keep a copy of your letter for yourself.
If you click on FILE COMPLAINT button, this process can be handled for you. This is a process to have a mediator between you and your landlord in resolving your issues. You will receive the documentation as to the response of your landlord and have a record of how things are being handled. It is always important that your first option to work with your landlord before moving on to involving the health department or other agencies and so filing a complaint can help you with the process.
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So what are some of the signs that you might have mold? The growth of mold happens in warm and humid conditions. The fungus that forms usually appears as black or green spots. You will typically find it in places where there is high humidity and moisture, such as a bathroom, washroom, basement or even kitchen especially if there has been a water leak. Mold is in the air and we are surrounded by it all the time. It just can become a problem under the right conditions but if handled quickly it can be fixed,
It has been recommended by the CDC that you should keep the humidity levels in your home between 40 and 60 percent. You can use a dehumidifier during the humid months to help reduce mold. Mold should be cleaned up promptly and not be allowed to keep growing. If you have a mold allergy, you should ask someone else that doesn’t have an allergy to mold to clean it up.
According to the implied warranty of habitability, mold is one of those items that could fall under that category which means the landlord may be responsible to help take care of the mold problem because the presence of mold conditions in a rental could affect the livability or the health and safety of the tenants, Generally, the landlord will do maintenance work to keep your unit liveable and so he would want to take care of this problem as quickly as possible.
If it is found that the mold infestation is the fault of the tenant because of neglect on their part, the landlord will take the steps to remedy the situation but the tenant could be responsible for the costs associated with the mold cleanup in your apartment.
As a tenant, you need to take care of your apartment by keeping it clean and sanitary and not be the cause of mold creation. It is important that you fully document the infestation to protect your rights. It is wise to photograph the mold and document the date that you first noticed the problem along with any situation that may have happened such as a broken pipe. Document everything you have done to get rid of the mold on your own but don’t wait too long before you contact the landlord to have him come inspect the mold situation.
What is most important is that you get the mold situation resolved as soon as possible. If you have worked with your landlord and he is not willing to help, then you might want to consider Filing a Complaint Now with the Rental Protection Agency who will work as a negotiator between you and your landlord. This is a good step to take without having to go to court.
When Can A Landlord Evict Tenant?
Do you know your tenants rights when you receive an eviction notice in California? Tenants rights involving eviction can protect you from unlawful eviction while living in California. One of the eviction notices that you have to deal with promptly is a 3-day eviction notice.
The landlord, according to law, can give a three days’ advance written notice (eviction notice) if a renter has done any of the following 7 things found in www.dca.ca.gov/publications/landlordbook/terminations.shtm
- Not paid rent on time
- Violated any part of the lease or rental agreement
- Materially damaged the rental property
- Used the rental property for any unlawful purpose
- Substantially interfered with any of the other tenants, such as being extremely noisey
- Engaged in drug dealing, or unlawfully used, cultivated, imported, or manufactured illegal drugs.
- Any unlawful conduct involving weapons or ammunition
If you have been given a three-day notice because you have not paid rent, your notice should state the amount of rent that is due and where you can pay it. This is one thing you can correct and continue on with your tenancy but only if you pay your rent within the three days, usually with a money order, cashier’s check or cash. If you attempt to pay the past-due rent after the three-day period, the landlord can either file a lawsuit to evict you or he can decide to accept the rent payment. If he accepts the rent payment, then he gives up his right to evict you on the basis of paying your rent late.
If you have received this notice, you had best contact the landlord immediately and make arrangements to pay your rent if you do not want to be evicted. Make sure when you pay that you get a receipt signed by the landlord or his agent showing the date and amount of the payment.
If the amount is correct and you decide not to pay, you had best move out promptly before the 3 days. If you are found to be occupying the rental unit unlawfully, the landlord can have a court action to evict you and recover the unpaid rent. This failure to pay and/or to leave within the three day period may become part of your credit history, which could affect your ability to rent from other landlords. You will still responsible to pay him the back rent. This may also cause you to lose your security deposit refund in California.
If the amount you are being required to pay is incorrect, make sure you discuss this with the landlord or his agent immediately and make an offer to pay what is actually due. Make this offer both orally and in writing and keep a copy of the written offer.
If the eviction is based on one of the other seven conditions above, it has to describe the violation that you have committed either against your lease or rental agreement or your improper conduct.
The notice must state what can be corrected or leave the rental unit. If it is something that can be corrected such as payment of rent or possibly your lease did not allow pets but you now have a pet, you should have the option to correct the violation by getting rid of the pet.
Because the other options are not things that can be corrected, then a renter would just be ordered to leave at the end of the three days.
Your landlord can evict at the end of your lease, unless you sign a new lease with him. If you have a month to month lease and you have lived there less than a year, he can give you a 30-day eviction notice. If you have a month to month lease and you have lived there more than a year, generally he will give you a 60-day eviction notice. He does not have to give you a reason for your eviction. If you have a week to week contract, he should give you 7 days notice.
If you are living in a rental housing that is sold in foreclosure, you should get a 60 days written notice to quit. If you signed your lease before deed of trust or mortgage was recorded, then your lease can not be set aside by the foreclosure.
If the landlord sells the property, your legal tenant rights are not changed. If you as a tenant have a lease, then you should be allowed to stay until your lease ends and under the same terms and conditions that you originally signed. If you have a month to month tenancy, you can be evicted but only after you are given the proper required advanced notice.
The sale of the property does not change the fact that you are still entitled to your security deposit refund when you do move.
If your landlord is trying to evict you and he is not giving you the proper amount of time for your eviction notice, you may want to contact the Rental Protection Agency to file a complaint against your landlord to help you resolve your disputes. It is advisable to always try to resolve your dispute outside of going to court, The Rental Protection Agency can work as a negotiator that can help with mediation or arbitration between you and your landlord. They can work with you, as the tenant, and with your landlord, to agree on reaching a solution. This can often be less expensive and faster than going through the court system. So why not check out the Rental Protection Agency to see if they can help you solve your dispute.
Bed Bugs in California
A relative of mine started to have some bites on his body at night. When he started to check things out, he realized that he had bedbugs. How did he know? He could see tell tell signs of them and then he actually found a few of them. He had never had a problem before but now he did. Now he needed some help in getting rid of them. After many attempts on his own and having a hard time getting the landlord to help, he decided he needed to take action and he contacted the Rental Protection Agency to help him work with his landlord so they could help he and his landlord solve the bedbug problem.
Have you wondered if your rental has bedbugs in California? Do you know what to look for?
First, you need to know what a bedbug looks like so that you know what you are looking for. A bedbug is wingless with an oval flat shape and about 0.25 in long. They feed on the blood of people and animals. They can be the color of almost white to a brown. The adult bedbugs are reddish-brown. Once they have done their feeding, they change from being relatively flat to fatter and turn a darker red or rusty red color.
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They are called bedbugs because they like to hide in your bedding or mattresses. They are active at night because that is when they feed but during the day they hide. They can go weeks without eating and can live for around 10 months. They have been known to even bite pets if they are hungry and can’t find the much preferred human.
The good thing is that they don’t seem to spread disease to people. The problem is that that the bites can cause itching which when you scratch enough you may cause the skin to get infected easily. Some people can have an allergic reaction to the bites. Bedbug bites will usually go away in about a week or two without any treatment. They usually look like small, raised, red or even flat bumps that are itchy. You will often find them on your face, neck, arms or hands in a cluster or a row usually of three bites.
Second, If have bites that you think are from bedbugs, where should you look to find them? How could they have gotten into your apartment or rental? Maybe they were there when you moved in from a previous renter. They could have come into your house or apartment on luggage, if you have been traveling for example, on furniture you may have purchased from someone else that had bedbugs and you didn’t know it, even on clothing of those that have bedbugs, pillows, boxes or other objects. They could be coming from another apartment. They are good at hiding during the day in floors, furniture, beds, wood or even trash and come out at night.
You can look for signs that you have bedbugs by looking at the seams on mattress or pillows or sheets. On the sheets or mattress you might see little bloodstains. On the seams of the mattress or in cracks on the furniture or in wood or even cracks in the walls, you can actually see them. They will leave a dark trail of there waste also along the seams or floors.
Third, how do you get rid of them? There are so many different different methods out there but one of the problems in apartment building is that they can move through out the complex if not taken care of quickly. Often they are associated with unsanitary conditions, but bed bugs are not attracted to dirt, they are attracted to people and animals. I am sure that you are very clean and so this is really disturbing to find out you have bedbugs. It is so important to do everything possible to get rid of the bed bugs as quickly as possible.
It may take multiple efforts to eradicate bedbugs from a building because of their resistance to fumigation with pesticides but this is one option. Another option I have heard of is a technique where they have to seal off a building and then heat the interior to between 120 to 130 degrees, which will kill the eggs of the bedbugs and also the bedbugs themselves. This requires special equipment and can be very costly.
Even if these actions are taken, you are going to have to take care of your things to help assure they do not come back. Your landlord responsibilities in California will be that he will want to make sure that these are taken care of as soon as possible so that they do not spread to other units. To help protect your renters rights in California you need to contact your landlord immediately to see what steps need to be taken.
If you have contacted your landlord and are looking for help to work with him. I suggest that you FILE a COMPLAINT with the Rental Protection Agency. For the cost of a small filing fee they work as mediator between you and your landlord. I suggest that you have a certified letter sent to your landlord as proof that they received your complaint. It is very simple to file a complaint and it is all done online. Just click on the link on this page and you will be taken to their complaint center to start the process. Let’s get help to get rid of the bed bugs in your life NOW.
California Renters Rights concerning Carpet Replacement
Recently my friend moved out of a rental unit that she had lived in for 2 years. My friend was immaculate and left her apartment better than when she rented it. She did not smoke or have any pets that have caused damage to the apartment. After moving out, she received a notice in the mail that her landlord was seeking $2000 for carpet replacement from her security deposit refund. When she moved into the apartment, the carpet was not new.
The first thing she needs to do is respond back to her landlord or his agent to explain why she feels the deduction from her security deposit is not right. She should request that she receive back here deposit. She can contact him by phone or e-mail plus I have suggested that she send a letter by certified mail stating all her reasons that she feels the deductions are not right and request a return receipt. This gives her proof that she contacted her landlord. She should keep a copy of the letter for her files.
She has a right to know if she is being charged for the total carpet replacement or just a portion of the cost so she should ask for copies of the itemized statement showing what was replaced. Lucky for her she took pictures of the apartment when she left and when she first moved in. California renters do have rights regarding carpet replacement. Now to understand some of the options she has we need to understand what a landlord can do and what he can’t do. It is true that a landlord can withhold part of the security deposit to pay for damages to an apartment and for carpet that has damage beyond normal wear and tear.
FIRST: WHAT IS NORMAL WEAR AND TEAR?
There will be normal wear and tear to carpet just merely by the fact that you live in place. So what is normal wear and tear? First, normal wear and tear to carpets, other furnishings or even drapes cannot be charged against the renter’s security deposit. Normal wear and tear would include the simple wearing down of carpet just because of normal use or even the age of the carpet and would include moderate dirt or even spotting. Normal wear and tear does not include large rips, indelible stains, burned carpet from such things as cigarettes, or pet stains all of which would justify a deduction from the security deposit to repair the carpet or even to replace it if it is reasonably necessary.
SECOND: WHAT CAN BE REASONABLY CHARGED?
The landlord can only only charge for the prorated cost of replacement according to the remaining useful life of the carpet that has been damaged or destroyed. For example, if the carpet that was damaged beyond repair had a life expectancy of ten years and it was 5 years old, and the replacement cost for carpet of a similar quality is $1,000, the landlord would only be allowed to charge $500 because there would have been only five years worth of life or use left in the carpet if the tenant had not damaged it. Remember this is not just for carpet that is a little dirty because of normal wear and tear. This is carpet that has been damaged by such things as a build up of dirt or stains or pet stains or tears. The landlord can not just replace the carpet and charge the tenant for the cost of the carpet just because he wants to replace the carpet. There has be damage that can not be repaired that was caused by the tenant in order to even request any kind of withholding from the tenants security deposit.
THIRD: LENGTH OF TIME TO INFORM OR CHARGE TENANT
The landlord has up to 21 days after the renter leaves to return the security deposit refund in California. If there is reason why the landlord is not going to return the full deposit to the renter within this time frame, he has to send a written notice to the renter within the 21 days itemizing all the deductions. If this time frame is not met, the renter is not required to lose any of his security deposit and the landlord has to return the full deposit.
FOURTH: SOLUTIONS
After contacting the landlord and not being able to resolve the problem, then you have a couple of options:
1. As we all know, you can file a complaint with the Rental Protection Agency, which will act as a mediator to help you and your landlord come to an agreement. This is a very simple process with a small filing fee. You should make sure you have them send a certified letter. This process is the easiest one. I suggest you go to the Rental Protection Agency to start this process now. They can help with all kinds of renter problems.
2. Another option, which will take more work on your part, is to file a lawsuit in small claims court for claims up to the amount of $7,500. You do not use a lawyer for this.
3. Or you can contact an attorney which will cost your the most in fees.
Check out the RENTAL PROTECTION AGENCY to see all the ways they can help you with this or any other renter complaints.
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