Repairs, habitability, retaliatory landlord...

[compustrat]

THIS POST BECAME VERY LONG - - - FOR A SUMMARIZED VERSION, PLEASE SEE THE VERY FIRST REPLY. I'VE SUMMED IT ALL UP FOR QUICK REVIEW. THIS POST CONTAINS MUCH MORE DETAIL!!!

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I'd like to sue my landlord for approximately $2500.00. This amount reflects one month's rent, as well as the value of five vacation days that were surrendered during a renovation process gone awry (conducted by my landlord). In addition, I'm considering a request for a small rent reduction, based on that renovation process having the net effect of reducing the services (namely cabinet space) that I was originally paying for prior to the project.

I'm living in CA, USA, renting a condominium from the owners.
I've beein in the condominium for >3 years, and have not given any official notice to vacate the premises.
My rent is paid every single month, regardless of response/non-response on the part of the landlord(s).
I have the 'entire' three year set of email correspondence in dealing with these two people. With the exception of any phone call (his preferred communication) for which he can easily lie about, I can support all of my claims in this post. This constitutes the bulk of the information contained herein.

Details:

I'm living in a condo that I'm renting from the owners (local male, and his femal ex girlfriend living in China). In the >3 years I've lived there, all requests for 'repairs' were responded to with telephone conversations that (he, the landlord) invariably turned into "overkill" promises (e.g. request to replace cabinet fixtures...met with promises of "whole new kitchen"). However, at the end of any conversation, my request was turned into a question of whether the 'overkill' promise would cause me to stay. While I had on many occasions complained about the environment, etc, any outright failure to commit to stay longer than my lease ended up with no repairs at all.

At the end of year 3, I finally threatened to go to the Long Beach, CA housing authorities (as they may be), and report him for the habitability issues. At this point, he emailed me to (aside from 'criticize' my frustration at waiting 3 years) state that they would replace all the kitchen cabinets and replace the tile flooring in both the kitchen and the bathroom. He also would respond to neglecting a gas leak complaint for 2 years...by replacing the stove. The old stove was brand new, but his "new" stove was a filthy old stove that had been hand-me-downed from his friend.

Against my expressly stated judgement, the landlord insisted he'd complete cabinets on one weekend, and flooring on the following weekend. He stated that he'd be hiring [a] contractor(s) to make sure the work got done.

For the first weekend, I took 2 vacation days to allow him time we knew he would need, and that he did utilize for the effort. We also vacated the premises for that time frame and went out of town. When we returned, we found that the project was not even remotely done. He had not planned 'anything' regarding the project, had not hired 'any' assistance (other than a neighbor that continually abuses me and my roommate, but is the landlord's friend, to remove debris). Ultimately, he (the landlord) did the installation alone. Of course it was not finished.

In addition, he stated that he'd be increasing cabinet height, as well as the overall nubmer of cabinets. However, when we returned after the first weekend, the cabinets were noticeably smaller than the ones that were removed. There were fewer cabinets than I started with (owing to a dishwasher that, on any given day, is anybody's guess as to whether he ever 'promised' to do...but, for which, he did build out a space for installation LOL). For what it's worth, a few of the cabinet doors open the wrong direction, because he failed to plan the job (his own words).

Additionally, he failed to plan the countertops properly and they were not completed for nearly two more weeks. He left us with plywood countertops which were completely unsuitable for sanitary cooking, etc. We ate a lot of microwave and take out during this time. We did not complain about the countertops, but I did express my disatisfaction when I saw they were not done. His response was to smile at me and say "Well Steve, you did say I wouldn't get it done....you called it."

We then left town again for the following weekend for the flooring to be done. When we returned, that flooring project was 'barely even started', and the bathroom floor had been torn up. Additionally, all of the construction materials, wall mouldings (with exposed nails) were left on our furniture and strewn about the living room.

I became angry and complained (via email for an official record) that the work was not done. I also complained about the safety issues that would be related to the unprofessional workmanship (cabinets not level, mounted improperly, backs popping out of them due to no support, and the the wood is unfinished)...but he insisted that he'd provided a safe and habitable environment. At this point, the landlord became aggravated with me, and began refusing to speak with me. He purposefully withheld labor (he told me this directly), and he did so because he felt that email was disrespectful.

Refusing to speak with me was actually preferable because, ever since the first time I found that he and his girlfriend had misrepresented the condominium, I have "insisted" on email only for communication. Even the original lease we discussed was altered (without any forwarning from either of them) to change the terms. When brought to their attention, there was not even an apology, but rather an justification offered. I complained, and they modified the terms. But, after these events from this posting, while he would still 'verbally' convey any disatisfaction with my 'attitude', he would use cell phone text messages. However, I've since requested no text messaging due to their expense, and the inability to coordinate them with the other correspondence.

Ultimately, it was still three more weeks before the floor was resumed. During that time, after being informed I was taking two vacation days to deal with the stress of the repeated lack of meeting the expectations he set for me...he then had the tile guy come on "both" of those days. Maybe it was chance, who knows? But I surrendered both vacation days to the 'tile saw' construction environment...again, because he promised it would be completed. However, it was 'not' completed...and would not be done for at least another week. In fact, the guy left with grouting still to be done, and another laborer grouted it (with alternately colored grout). LOL

Becoming entirely frustrated with his perfunctory "changing of his mind" despite "any" conversation in the past...I finally told him to stop jerking me around and get the work finished. Instead of responding, he got angry with me, insisting that I was wrong, and making up things to support my claims. Then, when I pointed to a copious amoung of email correspondence to the contrary, he became retailatory. He took the complaint process personally, and began to withhold the labor because...in his words...I was not being polite, and he felt the 'email instead of telephone conversations' to be 'insulting' and 'lacking in integrity' and 'lacking in manhood'...all paraphrases of his words.

He even evicted me in two separate emails, detailing how he'd not keep my security deposit and would be happy to give me it all back without penalty should I be able to "...get out..." by the end of the month of May (< 3 weeks away at that point). He retracted this (verbally), however...claiming it was never an actual threat to evict me.

I actually still have habitability issues with him (leaking roof reported months ago, large crack in cement floor under tile, ignored and tiled over despite earthquake concerns...and we had a 5.4 earthquake just last week. There is an ongoing stray pet problem in the building where dogs and cats urine mark the doors...and is evident on neraly all doors in the entire 160 unit complex).

I'm actually afraid to complain about anything now, because of his retailatory behavior, and his rude, lecturing, demeanor.

Ultimately, he took a full month to get the work done that he actually did do. Today, the cabinets are still unfinished, requiring (in my opinion) additional stain/sealant, as well as the finish work necessary to close nail holes, etc from another guy he brought in when my complaints escalated over the repeated failures to complete the work. There are open areas under the cabinet floor boarding that lead behind to the open walls. Tile is unfinished under the stove area, and much of the wood finish work remains undone.

Three months ago...he insisted that he wanted to finish the work. But he would ONLY agree to set up something were I to leave the premises for the duration of the work. I insisted that my schedule and budget do not allow for these weekend excursions, and that my expectation of having 'any' work completed in 'any' promised time frame, were not met. He has cost me a great deal of money and, despite new do-it-yourself unfinished cabinetry, I have gotten nothing from him.

Ugh...sorry for all the information. I just don't know what all to say, or what is particularly relevant. I'd hate to go into small claims court, ask for money or whatever, and have the judge rule against me. This guy will "literalliy" laugh at me afterward, and then refuse to do anything at all.

[compustrat]

For those who wish a summary:

I'd like to sue for One month of rent, and 4 vacation days surrendered for the promise of a particular project, but the failure to meet "any" of the promises made by the landlord, as well as a reduction of cabinet space (in contrast to landlord's promises).

Details:

3 years...no repairs, just "bait and switch" conversations offering much more than asked for. But which were never provided (including repairs) without a promise to stay beyond the lease.

Landlord, in response to threat to go to authorities, promises to do cabinets, flooring, over 2 separate (stand alone) weekends...says will hire necessary expertise and labor to complete over 2 weekend periods. Takes another two months to actually begin.

We vacate during both weekends, and surrender approx 4 vacation days, to assist him in meeting his construction "promises" on time. But he fails each time.

After a month, cabinets are in, but the wood is exposed and porous. Gaps exist around the cabinets and, in some cased, in the cabinets exposing access into the cabinets from behind their mounting points.

During the month of construction, at various points I was without a serviceable kitchen (owing to counters, incompleted flooring, existence of construction environment), etc. For several weeks, the bathroom flooring was also exposed, and complaints ignored to that context owing to the 'flooring guy's' travel schedule with his rock band.

This was three months ago. The landlord called me (then) and, after a lecture about how he was justified in withholding labor because of what he considered my bad attitude...he stated he wanted to finish the work, and install the dishwasher.

To date, nothing else has been done. I feel like I've wasted my money in accomodating him, and I want that vacation day money back. I feel that he also, maliciously, left us without an adequate living environment out of sheer spite and retaliation, which included threats of eviction. Additionally, I now have less cabinet space in my kitchen than I had before, constituting a reduction in services. And, finally, there are still habitability issues to be addressed, but my fear of potential retaliation or its related stress makes me afraid to contact him again directly.

Sorry but I don't see where you have any case at all. First off, e-mails are not admissable in court. Neither are phone calls, All repair requests are to be put IN WRITING and sent by a delivery method that verifies receiving. You didn't do this and therefore have no creditable record of making repair requests. E-mails are not admissable because of several reasons - they are easily faked, the receiver may not get them if his spam filter traps them, his service provider may be down, his computer broken, etc. There is no proof he ever received the e-mails you sent. If you can't prove he got them, you have no basis to sue.

Next, you were not forced to take vacation days. You could easily have taken off during your vacation. Gone someplace else for a vacation. Your presence is never required for repairs to be made. The LL can be responsible to enter and exit on his own, having notified you of these at least 24 hours in advance. If you chose to stay there in the construction mess, that was your choice. You are not entitled to a refund of this day. You could have just said no thanks, and left.

Third, the kitchen cabinets did not need to be changed. Neither did the floor. This is an improvement. Tenants are not entitled to improvements during their tenancy, upi only are entitled to needed repairs. They could have continued to turn down your requests for these things legally throughout your entire stay there. Since you asked for them, you have to put up with the mess and aggravation of the construction work. No construction job ever goes as planned. It always takes longer than expected. Since he stated he was redoing the entire kitchen and the floor, you should have known what type of mess it would make. You could have asked to view floor plans for cabinets if you were worried about fewer ones. You didn't get any written guarantee of amount of new cabinet space. You could have used the kitchen before the countertop was complete by simply using a cutting board. The doors on the wrong way are inmaterial. The lack of proper finish in your mind is unjustified. It's not up to you to chose their finish. Simply being unfinshed to your liking isn't uninhabitable. It will not justify rent withholding by a court.

Fourth, you requested repairs for the gas leak. Apoparently it was the stove that was leaking. The LL replaced the stove (doesn't matter with what, as long as it didn't leak gas). Since this took care of the problem, he addressed it as required (although not as quickly as he should have). Emergency repairs should be done within 72 hours, needed repairs within 30 days, requested cosmetic things (like new kitchen cabinets) have no timeline. Unless you have a report from a foundation specialist, you have no proof that any floor crack is a hazard. You should have contacted the city engineers to have it checked.

In short, you are not entitled to any rent credit. You ASKED for this work to be done. You aren't entitled to a refund for your vacation days. You CHOOSE to stay there in the construction mess. You are not entitled to a rent credit for the missing cabinet since you received an upgrade - a DW- in exchange. The upgrade equals out any loss of cabinets. Yes, you would not win in court. You asked for most of this.

Finally, an e-mail is not an eviction. An eviction is a court hearing and judgment. He may have told you that you could get out if you didn't like the progress, but that is neither a threat nor an eviction. It is an option for you. He offered to let you out of any lease you were in an offered to refund your deposit in full. No eviction paperwork was ever filed with any court. The only things I can see that you were entitled to here were the repair of the gas leak (taken care of now so the point is moot), the roof leak, and possibly the stray problem. Write him a letter asking that he repair the roof and trap the strays. Send it certified, RRR, and keep a copy. Ask that he contact you within 10 days to let you know when the roof will be fixed.

[compustrat]

Hmmm... this does not sound like a lawyer's reply. This sounds like an opinionated forum member, and the reply feels very "attack" oriented as well. Very off putting. Ugh...who knows, when the reply is from "unregistered" hehehe

I do thank whoever replied though. I gained a lot of perspective.

Regardless, I feel compelled to correct some assumptions.

I did not ask for ANY of the improvements. I asked for repairs, for which "improvements" were the proposed solution. I argued against the improvements because (as you stated) I disagreed with his short time frame he suggested to have them completed. Further, I "only" agreed to the larger body of work because the LL insisted he would be hiring a contractor. He did not do that, he did the work "entirely alone" in contrast to his spoken and (albeit email) written word. In fact, he joked upon our return at how I'd predicted he wouldn't get it done. I don't know that it entitles me to reimbursement, but I think it is a perspective altering detail to mention.

I did indeed ask for floor plans. However, the LL's response was, in each case, to avoid the request, and begin the work. Ultimately, he did not "plan" anything and did not even measure the space until forty eight hours prior to the work.

There were not any construction "problems" encountered beyond the LL's lack of knowledge of what he was doing. He is not a professional, did not hire a professional, and the work "clearly" shows that they are improperly installed (and I'm not referring to the direction doors open, LOL).

Further, I'm not aware of any "law" that says email is inadmissable "per se". However, I would agree that any email for which receipt cannot be verified is easily disputed. In my case, however, he's replied to all of my emails either confirming, or denying, the repairs. Everything I claim herein can be verified by a two-way verifiable email conversation and cell phone text messages. It's impractical to think that all communication between LL and tenant occurs in registered USPS mail.

Again, on the issue of "vacation days"...forgetting the nature of the surrendered time...the LL will only do work if I leave the premises. I've told him numerous times that I cannot afford to be leaving town and vacating for him, much less for work that gets started and remains unfinished. However, three months since he stopped working on the kitchen, he still refuses to do the remaining work until I leave.

I say again, I did not ever 'choose' to either stay or go during any phase of the renovation. During the part the landlord did, he would only do work if I vacated the premises during the time he did the work. For the tile guy, though I was required to leave during the first 2 days (another weekend), I was asked for this time in a 'sudden' manner, and assured (verbally) that the flooring guy would complete the work.

He did not replace the missing cabinet with a dishwasher. He keeps saying he will, but only if I vacate the premises for two days to allow him to install it.

He even states that he wants to do the aforementioned finish work...but, again, only if I vacate the premises for two days to do it.

On the "unfinished" work, I do believe that my cupboards and countertops are supposed to have non-porous, sealed, surfaces. They do not. When I say unfinished, I'm not saying "I don't like the color..." I'm saying "the bare wood is exposed, unsanded and, in many spots, has staples and nails in it. It is just plain wood, though the cabinet door (fronts only) did receive a coat of "clear" stain.

As for the floor crack, I have photos, and requested the LL to have the building inspected. He had the HOA president come up and look at it, and stated it would be inspected. However, he had the tile guy tile over it...and that was that. Later, we had a 5.4 earthquake, and now the area around the door (at one end of the aforementioned floor crack) shows signs of slight structural damage and cracking of the adjacent walls and ceiling.

I'm not a fan of being characterized as looking for something to which I'm not entitled. I've been patient and accomodating to this landlord and he's ignored habitability issues for years. He hides behind his HOA and some juvenile attitude that my failure to be interminably patient and polite (which I have been for more than three years...), causes me to 'not deserve' timely response or action. Ironically, I have correspondence from him stating how great of a tenant I am. It was not until his schedule caused him to not have time to continue working on the job, and my complaint at waiting for nearly three weeks for "any" additional progress after the first weekend that he began withholding the remainder of the work.

I've seen other postings here with far less information...and the replies are "sure, you probably have a case...just be sure you save receipts, take pictures..." etc. Well I have receipts, pictures and verifiable communication between him, etc. I'm not asking for the weekend time frames, or reimbursement for out of town expenses to relocate. I'm asking for the reimbursement for the additional time (i.e. vacation days) given to him for the work, based on promises (hiring help and professionals, etc) he made.

I should probably just hire a lawyer and get an in person consultation. All this "anonymous" unregistered posting just makes one run in circles, still not knowing what the right course of action may be.

Thank you again.

I certainly am not trying to be "attack oriented". I apologize if it sounded that way. I just feel that you either don't understand the law or have unrealistic expectations of what you are entitled to. Allow me to further elaborate and cite state law, and hopefully offer some better advice to you.

What, exactly, were the repairs that you requested? Unless the items you asked to be repaired were unusable or unsafe, they did not need to be repaired. In other words, if the cabinet still holds food or dishes and isn't falling off, regardless of how it looks, it doesn't require a repair. To ask for it to be repaired if it is usable is considered by law an improvement. You are asking for a usable item to be improved upon. Requests for cosmetic repairs are improvements. If the floor was walkable (not a structural issue), it didn't need a repair. If the cabinet wasn't falling off the wall, it doesn't need fixed. A repair is only to bring an item into a usable state for normal operation. Anything beyond being able to use an item in a normal manner in its present condition is an improvement. So what, specifically, did you ask to be repaired so we can determine if it is a needed repair or an improvement? Please identify these issues.

You may not have asked for the improvements, but you consented to them. You could have refused any improvement by merely telling the LL no. Denied access to do improvements. (You cannot deny access for needed repairs, but I don't believe CA law REQUIRES you to allow access for improvements. The state statute allows access for AGREED improvements. If you don't agree to have the improvement done...)

"CA Civil Code 1954. (a) A landlord may enter the dwelling unit only in the
following cases:
(1) In case of emergency.
(2) To make necessary or AGREED repairs, decorations, alterations
or improvements, supply necessary or agreed services, or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors or to make an inspection pursuant to
subdivision (f) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(b) Except in cases of emergency or when the tenant has abandoned
or surrendered the premises, entry may NOT be made during other than
normal business hours unless the tenant CONSENTS to an entry during
other than normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to
harass the tenant.
(d) (1) Except as provided in subdivision (e), or as provided in
paragraph (2) or (3), the landlord shall give the tenant reasonable
notice in writing of his or her intent to enter and enter only during
normal business hours. The notice shall include the date,
approximate time, and purpose of the entry. The notice may be
personally delivered to the tenant, left with someone of a suitable
age and discretion at the premises, or, left on, near, or under the
usual entry door of the premises in a manner in which a reasonable
person would discover the notice. Twenty-four hours shall be
presumed to be reasonable notice in absence of evidence to the
contrary. The notice may be mailed to the tenant. Mailing of the
notice at least six days prior to an intended entry is presumed
reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to
prospective or actual purchasers, the notice may be given orally, in
person or by telephone, if the landlord or his or her agent has
notified the tenant in writing within 120 days of the oral notice
that the property is for sale and that the landlord or agent may
contact the tenant orally for the purpose described above.
Twenty-four hours is presumed reasonable notice in the absence of
evidence to the contrary. The notice shall include the date,
approximate time, and purpose of the entry. At the time of entry,
the landlord or agent shall leave written evidence of the entry
inside the unit.
(3) The tenant and the landlord may agree orally to an entry to
make agreed repairs or supply agreed services. The agreement shall
include the date and approximate time of the entry, which shall be
within one week of the agreement. In this case, the landlord is not
required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time
of entry.
(3) After the tenant has abandoned or surrendered the unit."

Your LL did not provide you with a 24 hour notice IN WRITING of his intent to enter each time as required by law. You could have not agreed to the improvements. You simply could have said no and denied access. Since you allowed it, you implied consent. You chose to vacate the premises. The law did not require that you leave. If the LL would not work with you there, all you had to do to deny improvements was not leave. You could have simply refused and stayed put in your unit. Since you did leave, you consented to this work.

The type of cabinets is immaterial. The type of finish doesn't matter. There is no law that says cabinets must be finished, sealed, and have trim installed. As long as they hold food and aren't falling off the walls, they suit the purpose. There is no requirement that it be any more than that. You permitted him to remove the old ones for these. You are not entitled to withhold rent because the cabinets are not sealed, aren't sanded, have staples or nails, or if the holding brackets are in sight. Rent withholding is for habitability issues. If these items work as intended, it is not a habitability issue.

With Green vs Superior Court, 10 CA 3d 616 (1974) the conditions for uninhabitability have been defined. The section below shows that the sink has to be non-porous, but it doesn't state the countertop cannot be. Whether or not they meant the countertop, I can't say. A wood countertop would suffice for a short period during construction. A non-porous one should be installed as that area should be sealed. You might be able to use this court ruling to force the countertop installation. (If you had no dishwasher before, to require one to be installed would be an improvement. You cannot require this and aren't entitled to it. Slide your trash can in the hole.) But nothing else in this section shows your unit to be uninhabitable. If you have a photo of the crack, why not show it to a building inspector? He can determine if it is a structural problem or merely settling of the building. If it is structural, get a copy of his report to prove it.

"Conditions that make a rental unit legally uninhabitable

There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings "123 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.124

A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.125

A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:126

Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system
Gas facilities in good working order.
Heating facilities in good working order.
An electric system, including lighting, wiring, and equipment, in good working order.
Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.
Adequate trash receptacles in good repair.
Floors, stairways, and railings in good repair.
In addition to these requirements, each rental unit must have all of the following:

A working toilet, wash basin, and bathtub or shower. The toilet and bathtub or shower must be in a room which is ventilated and allows privacy.
A kitchen with a sink that cannot be made of an absorbent material such as wood.
Natural lighting in every room through windows or skylights. Windows in each room must be able to open at least halfway for ventilation, unless a fan provides mechanical ventilation.
Safe fire or emergency exits leading to a street or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and basements must be kept free of combustible materials.127
Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.128
Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.129
Ground fault circuit interrupters for swimming pools and antisuction protections for wading pools in apartment complexes and other residential settings (but not single family residences).130 "

E-mails are not permissible in court unless you can show the record from your service provider to show transmission and receipt of each e-mail. (This is a record you must request and it sometimes takes a couple of weeks for them to generate it. It would show all e-mails in and out of your IP address with dates and times. You would have to match those dates and times to the e-mails you have to have them considered as evidence.)

The reason for this is because it is very easy to fake an e-mail. With the publishing software that is available now, you could easily fabricate an entire correspondance going back and forth that never actually occurred. (You could type up fake e-mails and fake e-mail responses and attempt to submit them as evidence. I'm not saying you did, but that is why they are not considered without the record.) With the ability to change fonts, insert images, etc., the publishing software e-mail is indistingishable from a real one. The US mail is verified as delivered by an outside source (the post office's cancelled stamp and date); you need this outside verification of delivery to make e-mail admissible. Most people don't take the time to get this report and therefore most judges won't consider e-mails. If you plan to use e-mails in court, get the record from your service provider to avoid these problems. Only with this record of verification from an outside source, can you prove that he received your e-mails and that those responses are actually from the LL.

While you may consider it old-fashioned or impractical to still get all correspondance through snail mail, it is still the most reputable source for evidence in courts of law. Remember, courts are very old fashioned. (They still wear those black robes instead of a suit, don't they? They still type up all transcripts from court hearings. They still record all sentences on paper and mail them to the prisons instead of sending them electronically or calling the record office. And please note the reference to mailing the notice in the above CA Civil Code. Mail is the preferred and accepted proof in court.) I suggest you send all future correspondance to your LLs through the US mail, mailed certified, return request requested, to prove receipt of any request you make. Don't make phone calls except in case of emergency (then folow up with the paper request). Don't send e-mails. US mail is the easiest and most accepted proof that you have sent the information to the LL and that he recieved it. State laws usually require proof of receipt of a repair request by the LL and a reasonable amount of time for him to make the needed repairs, before repair and deduct or rent withholding are permitted. Judges readily accept a mailed copy.

I'm sorry, but without knowing the exact issues you requested to be repaired and what habitability problems they may have shown, this is all the advice I can give. Nothing in your post implies uninhabitability. The fact that you are currently living in the unit proves it is habitable. (If it wasn't, you wouldn't be living there.) You have the basic requirements as stated above. Without proof of uninhabitiability, I can see no legal reason for rent withholding. The most I could see you getting here is a pro-rated rent credit for the 4 days you were out of the unit. (4/30 of your rent or approximately 1.3% of it) Wages lost (which are what the vacation days would be considered) are not normally recoverable, just as the wages you lose while you are in court are not recoverable. I hope this was more helpful.

[compustrat]

Wow...I'm quite literally embarrassed at my previous reply to you. The amount of knowledge, research and overall expertise that has gone into your replies are, in one's humble opinion, well above and beyond the call of duty to your fellow citizens.

Thank you for this! I'm off to process and digest this information.

I also think you are supergreat above for providing all this information!

I have a similar situation.

[compustrat]

I agree, I may simply be personalizing the issues here. I'm still quite angry about the overall set of events.

While I feel that several occasions left us in a "temporarily uninhabitble" dwelling, your advise assures me that it was not "uninhabitable enough" to persuade a judge to compensate me.

So, after weeding out things to which you say I'm likely not entitled...

I think my biggest issue is that I want him to do the work. I don't want to go through the stress of another weekend away...for which I'm told over and over I'm entitled to 'nothing' for my trouble (sounds so very unfair to me)...and come back to find him again saying he's not done.

As well...isn't there some measure of the law that at least requires him to do the work properly. You can see all the nail holes, the cabinets still have staples and nails exposed from warehouse labels. The plywood sides of the cabinets are exposed. The cabinets were mounted on 2x4's that he nailed to the back wall, creating large gaps where they meet the wall and exposing access behind the cabinets themselves.

I had a clean, serviceable kitchen. Now I have a kitchen that genuinely still looks like it's still under construction. Of course i'm using the space that should house either the missing cabinet or his dishwasher...LOL...I have so much less cabinet space now that I have to store pots and pans there, as well as in the stove...and I still have other things in storage.

It is an improvement simply by virtue of the fact that the cabinets are 'new' or 'different' than what I started with? It seems so unfair that the guy can take the attractive kitchen I had and actually decrease it's beauty and look...and call it an "improvement" just because he spent money on it. And it's not that it cannot look nice, he just refuses to do any other work because, after nearly 4 weeks of patience...he began withholding other work simply because I dared to complain to him.

Ultimately, this guy is just a jerk (sorry for the juvenile term) and I should cut my losses and leave. I'm pretty sure he'll try to retaliate once again and keep my security deposit. It's so sad too because he claims to have gone to West Point (though he left on a medical). It really set my expectation that this person would be a man of worth and integrity.

I guess I also need to stop obsessing. I'm feeling like I'm venting at this point, and struggling to get revenge on him possibly as well. I really just need to send the correspondence you advise, include correspondence regarding any outstanding issues as well, and then pursue some method of ensuring that I can leave without any lease issues or deposit withholding.

Thanks again for all of your help and guidance.

I'll be adding a new thread to see about breaking my lease...

Well, jerk may be the term that fits. Unfortunately we cannot judge people by where they attended school.

Since he has started this improvement, you are entitled to have it completed. At least to the point where the kitchen is usable and serviceable again. That means installing countertops, a sink, and finishing any flooring that is lacking. (Although you can't force him to put a finish on the cabinetry or install trim to cover the open areas.) I suggest you send him notice that these items need to be done within the next 30 days. Send it in wiritng, send it certified return receipt requested, keep a copy. Ask that he contact you within the next 10 days to let you know when the work will be done.

You do not have to vacate to have this done. It might be a little messy, but installing countertops and a sink isn't necessarily noisy (other than cutting the countertop). You can remain there while the work is done. Just go sit in a bedroom and watch TV or something. The water may need to be turned off temporarily while the sink is installed, but electric should be unaffected.

If this is not finished within 30 days, post back here and I will give you the statutes to allow repair and deduct remedies for this. If he fails to get you a servicable kittchen within that time, you may be able to break your lease. You amy also want to approach him about letting you out of the lease. It may be that he would be glad to do so, just so he could finish the remodel in his own time. If he agrees to do so, get a written letter that states you have no fuurther obligation under the lease.

[compustrat]

He has already achieved the bare minimum you describe. I can ask him for the completion...but, that only leaves the dishwasher. I'm so angry at the way he's been dangling this stupid thing over me for four months that, even if he put it in, I would much sooner cut off my arm than to place a single dish into the unit. He installed a microwave hood that I did not ask for either. While I waited an entire month for that to get put in...he accused me of "demanding" a microwave that was an improvement. He thinks what he wants, regardless of any external input. I have to say...it's a very California attitude. Yet, I never in one single correspondence even mention the word microwave...just the "ventilation hood" he removed and said he wouldn't reinstall. Call it immature...but that microwave remains unused to this day and will be brand new to the next resident.

Additionally, in order to ask him for anything, i'd have to send a letter. He will again become defensive and retaliatory and it will be anybody's guess what other poor job he'll do, or way he'll find to make it a nuisance to me while doing 'what the law requires'. I know where I stand on that now, and don't want to set myself up for what is bound to be another disappointment.

My next correspondence to him has to include the desire to leave. However, with the housing market as it is, I'm not going to hold my breath for him to break the lease for me. I've posted in another thread that I'm going to pursue a CA Civil Code 1942 lease termination based on neighborhood crime.

I will not 'cross post' that issue here, save but to ask one question.

If I ask based on a "general purpose" appeal to his desire to do the repairs after the place is vacant, will I "erode" a potential CA Civil Code case afterward? If it ends up in court...can he say "Your honor, this guy tried once already...and, now he's reaching."?