Current Events > Does anyone know how I can ask a lawyer a question about a possible tenant case?

(+) Yeah! (+)

80/80

I currently have my question posted on justia, but I'd really like to pay/privately ask a lawyer a question. The only site I found that offers that is a $35ish per month subscription and you have to call to cancel. I figured I'd ask here since CE hates landlords.

My apartment complex was recently sold because my old landlord couldn't afford it anymore due to COVID. The old landlord was a great guy and I wish he still owned the property. Now some soulless company owns my home.

The issue:
We have an electric in-counter stove that is above some cupboards and detached from the oven. A little over a month ago the little light that turns on when the burner is on stopped turning on for two of the burners AND those two burners always go to high no matter what. Someone from a repair company came out, told us it's a fire hazard and said we shouldn't use those burners, and that they'd talk to our landlords about the repair cost.
Long story short, but because it's an old model they need to replace the entire thing.

My new landlord emailed me yesterday saying I have two choices:

1. Sign a new lease at a higher rent and they'll fix it (currently month-to-month)
2. They'll pay us to move out

This seems illegal to me as right now in California it is illegal to raise the rent or kick tenants out and the stove is listed as an amenity, so I feel like the landlord should have to fix it free of charge.

What do you think CE?


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I'm not a lawyer but these are my thoughts:

Because the stove still works except for 2 burners it probably wouldn't be considered an emergency and they wouldn't be forced to fix it ASAP. That is for things like heat and plumbing. (This is assuming it's more than a 2 burner stove, probably 4 )

I'm not sure Covid protects you from him saying he doesn't want to resign the lease. The eviction protections are for evictions. Not renewing a lease isn't an eviction.

So it sounds like he either A) Wants you to renew a lease because he doesn't want month to month which would include a rent increase

or
B) They want to get someone else in there.

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WrkHrdPlayHrdr posted...

I'm not a lawyer but these are my thoughts:

Because the stove still works except for 2 burners it probably wouldn't be considered an emergency and they wouldn't be forced to fix it ASAP. That is for things like heat and plumbing. (This is assuming it's more than a 2 burner stove, probably 4 )

I'm not sure Covid protects you from him saying he doesn't want to resign the lease. The eviction protections are for evictions. Not renewing a lease isn't an eviction.

So it sounds like he either A) Wants you to renew a lease because he doesn't want month to month which would include a rent increase

or
B) They want to get someone else in there.

You're correct that it's a 4 burner stove, but someone from a repair company called it a fire hazard which is where my complaint is. The issue is with a fuse or something.

To get to your A/B points:
A. We're currently on a month-to-month which in the state of California he is not allowed to kick us off of unless we break a lease agreement at this point in time. He is also not allowed to increase the rent due to some rental protection laws that were put in place due to COVID.

B. Probably, our current rent is about $700 less than our neighbors in the same complex, so I'm sure they want us out.

Thank you for taking the time to lay out your thoughts and reply. This is great practice for talking about these points with others in a more serious situation, I appreciate it.

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Id recommend calling and talking to them. That may work.

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The_Hat posted...

This seems illegal

It is. Contact your local department of housing. You don't need a lawyer.

TheOtherMike posted...

It is. Contact your local department of housing. You don't need a lawyer.

That's a good idea, I didn't even think of that. Thanks Mike!

I was really hoping to find some exact law I could quote or something.
That said, I may end up moving out and taking the payout from him, but pressuring him into giving a larger sum. I live in South LA which is super expensive and money is tight.

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No sweat. The DoH should take care of everything for you once you file the complaint.

Years ago some friends and I were renting a townhouse. One of the toilets (there were 2 total) stopped flushing (it was clogged, plumbers couldn't snake it clear), and the apartment managers told us to just use the other one because the broken one couldn't be fixed without tearing out the plumbing and replacing it.

Then the other toilet stopped flushing, too. No working toilets in our townhouse. Management still refused to do anything about it. They literally told us there was nothing they could do and it wasn't their problem. We even threatened to call DoH and they said to go ahead.

So that's what we did. Less than 3 hours later plumbers were tearing up our floors. Dumb shits actually thought we either wouldn't call DoH, or thought DoH wouldn't care.

Wow that's awful.
I'll call right away, thanks Mike!

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What did your most recent lease say about fixing stuff like that?

It may be best to take the money and go now that it is being offered.

*edit: did the repair guys say its a fire hazard in writing? You may be able to repair and deduct the cost of the repair from the rent but you want to he careful because it doesnt apply to everything. If its a fire hazard and you have something in writing saying so then you are in a much better spot.

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whitelytning posted...

What did your most recent lease say about fixing stuff like that?

It may be best to take the money and go now that it is being offered.

*edit: did the repair guys say its a fire hazard in writing? You may be able to repair and deduct the cost of the repair from the rent but you want to he careful because it doesnt apply to everything. If its a fire hazard and you have something in writing saying so then you are in a much better spot.

That's a great edit. I was thinking about calling another repair guy or the fire department and see if I can get it in writing.
As for the lease, I suppose it doesn't say they must repair it, but it is a listed feature of the apartment.

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whitelytning posted...

What did your most recent lease say about fixing stuff like that?

It may be best to take the money and go now that it is being offered.

*edit: did the repair guys say its a fire hazard in writing? You may be able to repair and deduct the cost of the repair from the rent but you want to he careful because it doesnt apply to everything. If its a fire hazard and you have something in writing saying so then you are in a much better spot.

Generally unless it's written into the lease the landlord is responsible for upkeep and maintenance of everything they own inside the unit.

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You can just call an attorney and tell them you want a consult. They will likely charge you but it may be worth it in some cases. You can tell them upfront what you want them to do and that you won't be retaining them to actually do anything but just want some advice. They will likely just charge you for their time. Your situation isn't super simple though because it sounds like the LL is trying to get rid of you and may be a little difficult.

I am a lawyer and did this to help a friend with an immigration issue. Its not an area of law I really know much about so we did a consult with an immigration lawyer, explained the situation, asked a bunch of questions, and they basically told us what we needed to file and what to expect. I did all the work and saved my buddy about $3k. The consult cost about $200.

I am not in Cal and don't do LL/T stuff but in general, when people ask me about these types of things, I almost always suggest trying to work it out with the LL and avoiding the small claims/law suit route. Without providing any type of specific legal advice, I suggest trying to get something saying the burner is a fire hazard in writing. That is huge and can't really be ignored. Then put together a letter containing a copy of that document and giving the landlord an option with a deadline. "Can you please fix this fire hazard by [DATE] so that I can live in my unit safely. If not, I will pay to fix it an deduct the cost from the next months rent. I enjoy the unit, and want to continue living here and paying my fair rent." Don't ask questions, just tell them the problem, give them a deadline to fix it, and tell them what you will do if they don't fix it. Be positive and constructive and try to move forward.

However, based on what some states do with rent control, if your unit is really way below market the new LL is likely trying to get you to leave which complicates the matter and may necessitate contacting a lawyer if you really want to stay. There are some duties the LL is legally required to perform but it may be difficult to get them to actually do that. If they are already offering you money to leave, it may be the best option to try to get a good deal and just move on to a LL that appreciates you a little more. This likely is only the start of them messing around with you to get you to leave.

Calling DOH is probably a good idea too. They may have free resources for people in your position.

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