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Re: Loss of quiet enjoyment of the property exceptions - Landlord Forum thread 353300

Re: Loss of quiet enjoyment of the property exceptions by Brendac (CA) on July 17, 2017 @14:05

                              
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?
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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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