Landlord refuses to make repairs......

[Taurean5869]

Hello, I have a landlord who has refused to make repairs in two of his properties. Why you ask did I choose to live in another one of his properties? Not enough $ for move in fees somewhere else. The Inland fair housing and mediation board was not really helpful. He refused to negotiate. We are fed up after much communication, offering to fix things ourselves if he would just reimburse us, in good faith we would not spend too much as long as he reimbursed. We have given our thirty days notice so this becomes a ''rent abatement'' issue. This is not a discrimination issue so the DFEH is out. I do own the CA tenant/landlord handbook so I know the difference between habitability vs. cosmetic. A code enforcement investigation is already open on one of the properties and I am having an investigator come by this week to this property. Is small claims court my only option? I have alot of documentation. Pictures, communications etc. What would you suggest as being the most powerful evidence?
Also after he spoke to the InlandMedboard I got this bizarre letter from him saying the Housing Auth said we had been 'inconvenienced', 'why did we feel inconvenienced?', 'he's so happy to come look at the property'. This is after a very specific statement by him saying 'he's not putting anymore money into that house' Why the strange letter? Should I respond?

[OHlandlord]

Have you sent him WRITTEN requests for repairs to the property? Normally, all repair requests shouls be put in writing and be mailed by certified mail, return receipt requested, and keep a copy of course. This proves you have made the request and that he actually received the repair request. So do you have written proof that you asked him to repair?

Get copies of the mediation board paperwork to show that you tried that route to get repairs done, along with anything from the Housing Authority and the inspector when he comes. The main problem wil be that you have already given 30 days notice so by the time the inspector's report comes back, there may not be time to require him to fix the probblems before you are gone. The Housing Authority should have been one of the first calls you made after he ignored the written repair request, followed by a call to the city inspector. That would have gotten some results fairly quickly.

You say it is an issue with rent abatement. Have you already paid rent for this month? If so, will you owe rent again before you leave? If not, you may have to take him to small claims court to get any rent abatement refunded to you. You will need all of the proof above to convince a judge that you are entitled to this. How long have you lived at this unit?

[Taurean5869]

Yes I have sent him written requests. I even sent someone personally to his office with a picture of the damage saying in writing all we required was reimbursement, we would fix this ourselves. Unfortunately these communications were not certified but they did admit they had received them on paper. Unfortunately this is not true on one of the properties, when the landlord told my partner he would fix the broken windows, I foolishly trusted his word since he was letting someone live with broken windows in his house and every time his maintenance guy came through I mentioned it to him. So I might not get anywhere with that one. Why would the court believe me if I have no written proof? Despite the fact he was there when the keys were passed over, he said he'd fix the windows and then never wrote a check re: new windows at that address. I'm sure they'll think I like living with broken windows in the dust of the desert. Too bad I trusted his integrity. He used to be the mayor of this town, politician....gross
The landlord has had plenty of time to fix the repairs in this property ie our communication beginning in Dec-Jan. So we are past that point. I have been very patient and have followed the correct order of engagement, I even offered to fix things myself. He had forced me to take matters into my own hands. The mediation/code enforcement will merely reinforce his negligence in court help show that the rent we were paying was too high. I agree we should pay some rent but not as much as we were. Do you know where I can go to find out the fair market value for rent of a unit in a particular area? We have lived here since Dec. Thank you for your advice. As a landlord are you trying to change the stigma around landlords or are you tired of going to court for no reason?

[OHlandlord]

Great, you have correctly put the repair request in writing. The LL has had at least 30 days to repair. The next step would have been to contact the clerk of court and ask about procedures in your area for repair and deduct remedies (where you repair the problem yourself, subtract the amount form the rent, and send him the rest of the rent along with a copy of the reciept) or if your problems are severe enough for rent withholding. You could have done repair & deduct with court approval, even if he didn't authorize it. That would have been the next step if you were not already giving notice to leave.

Now your only option is to sue in small claims court for a rent abatement or refund for the overpayment based on the value of your property in its present condition. Unfortunately, I don't know how you can determine this. Most places don't rent with broken windows so I don't know how you would get "comp" prices. Your best option here is to document the problems with the unit (photos, video, statements form contractors, etc.). Then leave it up to the judge to determine how much of your rent you should get back. Be prepared to show in court the numerous attempts you have made to get the LL to fix the problems (repair requests, logs of calls, log of when you asked maintenance, etc.) You want to show that you mad every effort to get his to fix these, but he neglected them.

I don't know if I am changing the stigma of LLs. Everyone has seen the old movies of the evil, rich LL who has no heart. (We could only wish we were rich! Most LLs are in deep debt.) I merely try to provide good clean places for fair market rents. I repair promptly, update every few years, tolerate no illegal activities, and try to keep them well maintained. I am firm but fair. I enforce all the clauses of the lease and expect my tenants to abide by the contract that they signed. I rarely have to go to court. I've only had to do a handful of evictions in 15+ yrs. Most of my tenants seem to like me as a LL and some call back after they have been gone a few years and ask if I have anything available for a relative.

Oh, I have had a few run-ins with some tenants. Just like bad LLs, there are also bad tenants out there. There are some that are just not nice people in any walk of life. Even in my town, I see slumlords who only want the money. (I try to screen out bad tenants before I ever sign a lease, but you can't catch them all.) Currently, I have no vacancies and all tenants pay rent on time. Is that the mark of a good LL? On the internet, I try to provide helpful advice to those who need it on this and other sites. If I can't help, I try to steer people to someplace where they can find the answer to their question. I don't think I'm consciously trying to change an image. Why do you ask?

[Taurean5869]

Your question as to why I asked make me think 'well why did I ask?' Its funny, I guess without realizing it, I too perpetuated the stigma. How could a landlord have the best intentions for tenants? You do and I appreciate that very much . Thank you. I have not had the best experiences I guess but you turned that around. Its good to know there are landlords like you around. Thank you for your advice. We'll have to see how this mess turns out.

[OHlandlord]

I'll take that as a complement. Thank you. I don't want to be a slumlord, although I have had many chances to be one. I don't want to rent out anyplace that I wouldn't live in myself. Not every one of my places is grand, but all are clean, in good repair, and rented for a fair price. I can't say that for all of my fellow landlords. I have toured places when I was looking for houses that I wouldn't put a dog in. Leaks, roaches, holes in the walls... disgusting. I wouldn't even consider such a place. I'd have to rehab it completely before I would rent it.

I have done that too. Bought a repo house that had been sitting for years. It was a mess inside. Pipes burst, needed drywall work, needed new electric, plumbing, and a roof. I rehabbed it and rented it out. The current couple in it now love the place and have been there just over a year. They say they're never leaving. I guess that means I am doing something right.

Most LLs aren't rich. LLing is a business and, like other businesses, not all of them make a lot of money. We may look rich on paper. But most of our worth is tied up in the equity in our buildings. Very little of it is sitting in a bank somewhere. As much comes in in rents, nearly all goes back out as mortgage payments, taxes, insurance, repairs, and maintenance costs. Many of us try to save money when we can, buying supplies or parts at discount places. As long as they are the same quality, who cares? We try to get good bargains on the buildings we buy. A lot of what we do is geared toward our taxes. Taxes and insurance can make or break us!

Look around when you want to rent the next place. Don't just look at the place, but look at the LL too. You want one who will be firm but fair. You want one who keeps the places up. YOu want one who is smart, and not an idiot. You might consider asking for a list of their properties (or pull them up on the internet at the county auditor's site) and drive by them to see how they are maintained. You could ask if you could speak to one of their tenants and ask how they are as a LL. (Beware of any who gets offended when you ask.) They may need to get permission first, but I'd have no problem doing that. I hope your next experience with renting is a positive one.

[Taurean5869]

It was supposed to be a compliment. I apologize if it sounded backwards. Thank you or your advice. I will take it very seriously.

[OHlandlord]

Thanks for the nice words. I hope this turns out well. Please update us as to how this ends. Hope your next place, and LL, are much better.