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Re: Reasonable to request a rent reduction?
by Bill
on April 16, 2014 @11:10
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"We were about to withhold rent the following the month until repair was made."
"I am not a slimy tenant out to live for free"
If you give the landlord too much trouble he will simply declare the place not fit for habitation, cancel your lease and serve you notice to vacate. How does he know the place is not fit for habitation? Because, you keep telling him it is. Believe me, the landlord is going to be much better at this than you are what with your mold complaints and rent withholding. He has already told you to move on. Take the hint.
You have both feet on a banana peel headed for the front door and you do not even see it coming.
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Re: Reasonable to request a rent reduction?
by Stacey
on April 16, 2014 @11:22
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He does not want us to move. He told us we could break the lease and that might be better for both of us because at the time (when the floods first happened) he didn't want to invest in a property he was not going to keep. However he has changed his tune and now wants us to stay- which is why the repairs and mold remediation are being made. I suspect this is because he is not prepared to move forward with his construction plans quite yet.
We are still looking for a suitable alternative at this time and will continue to do so. In the meantime he is working to make the room habitable again.
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Re: Reasonable to request a rent reduction?
by Anonymous
on April 16, 2014 @11:23
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Also we never did withhold rent or threaten to do so. We were just prepared to do so for April had the window not been repaired, but he did repair it. Once you give written notice the LL has 14 days to repair and if that is not done you can legally withhold in my state.
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Re: Reasonable to request a rent reduction?
by Bill
on April 16, 2014 @11:55
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You are not hearing what I am saying.
You have both feet on a banana peel headed for the front door and do not even see it coming. The first time you withhold rent your landlord is going to serve you with a notice to pay or move out in three days. If you are still there in three days he will proceed with an eviction that will add permanent harm to your credit record. This is legal in California. Your landlord will be much better at this kind of thing than you believe you are. Get your stuff packed. No matter how you slice it, you are headed for the door.
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Re: Reasonable to request a rent reduction?
by Anonymous
on April 16, 2014 @12:55
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And the moment he declares his own place unfit for habitation is the moment the landlord opens himself up to a breach of contract suit. The tenant then gets their moving costs as well as the difference between the rent they were paying and any increase in rent to a different landlord for a comparable place.
Did you think the lease only bound the tenant?
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Re: Reasonable to request a rent reduction?
by Anonymous
on April 16, 2014 @17:32
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Then enlighten me with your brilliance, Bill. The LL has an obligation to maintain the premises in a habitable condition. If he declares the place uninhabitable and terminates the lease, the tenant has a claim against him based on the landlord violating the terms of the lease, and the landlord is liable for the tenant's damages. The tenant's damages would be the amount he's out in order to move because the LL didn't uphold his side of the lease. If the tenant is forced to get new housing at a higher price, the landlord is on the hook for those additional costs as well, during the original lease term.
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