Question about A Seriously Problematic Apartment...New To LA.. (rentals, evictions)

[maconx]

Hello,
I moved into an apartment in Silver lake about 7 weeks ago. The first week the air cond. broke, the next week the heater, was evicted for 3 days for plumbing issues, a new roof was put on and I was not given notice...the new roof leaked and ruined my furniture. The heater broke again on the coldest night...then the washer machine ... and the landlord has constant workers here...keeps trying to get me to let people in without notice.

I'm leaving Jan 1. He will say one day the lease is cancelled very apologetic. And then when I don't let workers in on the spur of the moment he threatens not to let me out of it.

He says I can't claim business losses as a consultant for the frequent spontaneous evictions because of the disrepairs...because I don't have a license to operate at this address. I'm new to LA. I suppose that would hold up in court. My concern is that I will lose my 1700.00 deposit and he will continue to make my life miserable in the next two weeks for the roof issues, as well as hold be liable for the lease because he's making repairs. I've asked for notice. He now drops off written notice but no specification of time.

Anyway, it seems wrong to me to lose any more money when I'm the one who needs to move because the place is so broken all the time.
Also seems that I would be eligible for rent reimbursement for all the spontaneous evictions. He says no because he offers his home to me. Would you want to live with a guy like this and be evicted from your home because he clearly rented it before it was ready.

What are my rights? I simply can't find anything because he's conducting repairs...but something major breaks weekly and in only a 7 week period.

Thank you for any input you may have.
Really worn out from this.

[ferretkona]

Leave on Dec 31, if you leave on Jan 1 you could lose a months deposit.

[CapnHawk]

Go to your City Councilman's field office and talk to one of the field deputies. Councilman Eric Garcetti or Tom LaBonge, depending where in Silverlake you reside. They will be able to point you in the right direction.

[maconx]

Both great suggestions

[love/hate livin in So Cal]

All rentals need maintenance at some time. Landlords are not required to provide AC so forget that issue. They are required to provide heat. Evidently it wasn't fixed correctly the first time. Unless he left you for days with no heat and it was cold, you aren't likely to prevail on this issue. As to the roof, where it would have been nice to tell you, he didn't have a responsibility to do so (unless this was an office building). Roofing is done during the day, when most people aren't at home. Your expenses while he fixed the plumbing might be reimbursable. Did he TELL you to leave or was it necessary for you to leave or did you just figure you'd leave? If you just decided you didn't want to be hassled and you had access to running water, leaving was your decision.

Where the repairs emergency or planned in advance? You certainly can't blame the landlord if they were all emergencies. The best the landlord could do, was fix them promptly which it sounds like he has done. If you don't let the repairmen in, how will the problems get fixed? On one hand you're complaining about letting them in unannounced and on the other hand you're complaining about them breaking. Once you call the problem to the landlord's attention, you know someone is coming to fix them. While it would be nice to coordinate with you, he's responding to your request for repair.

What spontaneous evictions??? The only time you mention having left is during the plumbing mess. As I see it, you rented an apartment - as a residence not an office. Repairs are done during the day on residential units.

You cannot claim business losses since 1) you have no license to operate at the site, 2) you couldn't probably get a license to run a business in a residential zone; and 3) can't you take your computer to the local Starbucks, wi-fi in, and do business?

You have attempted to save yourself the expense of an office and, in so doing, violated multiple county and state laws. I would get a signed agreement terminating the lease on a certain date, find a new place to live AND a place to work.

[TheRealAngelion]

You should know your rights by familiarizing yourself with California consumer protection laws relating to landlord/tenant issues. Here are a few helpful links.

Landlord/Tenant Book Index - California Department of Consumer Affairs
http://www.dca.ca.gov/publications/l...k/catenant.pdf
California Tenant Law - Free legal advice for California renters' rights

It sounds like your apartment might meet the legal definition of being uninhabitable in some respects, in which case you would be entitled to some refund of your rent. You certainly are owed money for the damage to your furniture.

You might also have a reasonable claim for business losses if you can substantiate that you have a legitimate business that has incurred actual losses as a result of these issues. Are you a self employed, independent contractor?

[UB50]

You can get a license to operate a business from your home. When I applied for one, the only issue was the number of customers who came to my home.

[CALGUY]

Originally Posted by UB50

You can get a license to operate a business from your home. When I applied for one, the only issue was the number of customers who came to my home.

The landlord may have some thing to say regarding a business being operated out of your apartment.
I don't allow it because it becomes a liability issue for me.
If someone, for whatever reason, that was doing business in the apartment, fell on the steps, they would not be suing the businessman, they would be coming after the landlord.
My guess is, the landlord would evict as soon as he got wind of a business operating out of the unit.
Just move, and find some office space.
Bob.