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Re: Loss of quiet enjoyment of the property exceptions - Landlord Forum thread 353280

Re: Loss of quiet enjoyment of the property exceptions by Ca Landlord (California) on July 16, 2017 @23:54

                              
You are the landlord! You are legally responsible for your tenants quiet enjoyment! You are the one who will be violating the law and breaching the lease! It's you who will be legally responsible for the tenants damages! It does not matter they were provided with info by the HOA. It's still your legal responsibility! It's not about dishes, toiletries or furniture being moved! It's about a violation of the lease and state law. Both you and the HOA need to follow state law on giving proper notice to enter also. Your thinking is wrong, don't let this become a large issue that winds up in court. There you may learn a very expensive lesson! Some landlords just need to learn the hard way. And yes you do have to do something, you just cannot ignore the issue unless you want to enjoy some pissed off tenants that can make your life hell till their lease expires. Don't let stupidity blind you, you have a legal responsibility to protect your tenants. Hope all does go well for you, but with your mind set that you have no responsibility raises doubts? Personally I would do six-seven days prorated rent and a gift card for a nice dinner at a neighborhood restaurant or maybe a gift basket. Doing nothing is more expensive in the long run than taken a proactive stance now.
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Re: Loss of quiet enjoyment of the property exceptions by newtothescene on July 17, 2017 @11:52 [ Reply ]
You are getting way to worked up about this. I said NOTHING about not doing anything for them and you do not know all of the details or especially my mind set. I have no idea where you are pulling that from? My point was "legally" i do not have to provide any compensation under this circumstances and that's all i said. Yes i realize as an owner i am ultimately responsible for this property/condo and keeping the tenants happy, nor am i stupid. I am trying to be proactive in asking for advice and researching info prior to anything even happening. I inquired about "quiet enjoyment...." and exceptions, of which i have since found out there are. I nor the HOA will be in violation of this because the work is mandatory to bring their, the HOA's piping up to code for over a hundred units to prevent any major problems i don't know the Code off hand read it last night. I am not responsible if any of their items were to get damaged as they are signing a waiver and i don't currently know if they have renters insurance. As i previously said there are only 4 actual days of work/workers in their unit, but because some of their belongings will be moved around/out of place because the work/inspection is spread out over several days it is like 12 days of compensation they are alluding to, which i think is excessive and unrealistic. I will be responding to them with a letter/email with in the week more or less letting them know i think it is premature to discuss compensation prior to anything even happening and assure them i want to work with them not against them "within reason", that being said I think as previously stated and you mentioned also that five to six days is more then fair, i had also thought of a gift card.
    Re: Loss of quiet enjoyment of the property exceptions by Brendac (CA) on July 17, 2017 @14:05 [ Reply ]
    After reading all the responses, it's clear you are a lost cause as you do not understand your responsibility and liability to your tenants. Just because the HOA needs to do an upgrade to plumbing, does not void your legal responsibility to your tenants. All the reasons you have stated mean nothing, as this is a breach of the lease. A lease that you have with your tenants. And yes, you do have the legal responsibility to compensate the tenants for their inconvenience unless you prefer a judge to dictate what the compensation should be. You come across as an uniformed landlord and a cheapskate. As was stated, some landlords just have to learn the hard way as no one can fix stupidity as yet.

    You should think carefully about being a landlord moving forward. You seem to not recognize the warning signs that are flashing. If you have any doubts that that you have no obligation toward your tenants, please remember that there are tenant lawyers who will hold you accountable under the law. The tenants are entitled to a reduction in rent because of the violation of their rights to quite enjoyment which is conveyed in every lease. A tenant cannot waive these rights by signing a wavier either. Instead of solving this issue up front, you are like the person who lets a small matter evolve into a lager issue because they are reluctant to do the right thing to start with. You have been warned and hope things go well, but with your attitude?
      Re: Loss of quiet enjoyment of the property exceptions by newtothescene on July 17, 2017 @16:00 [ Reply ]
      Look im just asking a question in general, making a comment, you are completely blowing this out of proportion and are making assumptions and insulting comments. I have asked an attorney about the "potential" situation and due to the circumstances where an HOA or Owner has to conduct maintenance or repair to get up to code or replace defective piping or whatever, it is NOT a breach of the covenant in question or the lease. Also landlords are NOT in general responsible for "inconveniences", it is advisable and common sense to make some concessions.

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