Legal Question in Landlord & Tenant Law in California

Making changes

We have a landlord that recently changed the tiles in our kitchen. They are currently on a campaign to try to get us to leave. They are new owners that want to fix, and re-rent for more money. They would have to pay us to leave. They are really bothering us. This time, they changed the tiles in the kitchen to really ugly ones. I said that i would change them at my own expense, and then they mailed me a letter saying they own the place and they like it. So i am not to change it, if i not like it ''move out''. Can they legally do anything if i change it anyway? Is there anything we can legally do against all the bothering they do? i.e. entering apartment without 24 hour notice? Denying to fix leaks in roof, denying to fix major plumbing problems that cause mold. Thanks


Asked on 12/07/07, 12:42 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Making changes

You ask a number of questions in one paragraph, and I'll do my best in limited space.

Landlord has right to refurbish his own property, and you cannot blame the new owners for wanting a nicer place, and higher rent.

I don't have enough facts, as far as "really bothering you".

You cannot change the tiles, even at your own expense, without permission. While you are entitled to the quiet enjoyment of the property, it isn't your property, and you cannot change it.

You will lose a lawsuit for damages if you change anything without permission.

Unless there is an emergency, landlord cannot enter without permission. There are other reasons (see explanation below as to websites giving you help). Also,there is a need to make an appointment to enter, again without there being an emergency such as smelling smoke, strong odor, etc.

Landlords also need to fix roof, plumbing, etc. at once.

Send certified letter to landlord (keeping a copy) regarding major repairs. You can also refer the problems to local fair housing and/or building and health inspector's offices. Give landlord seven days to repair.

If that doesn't work, you have options to "repair and deduct" or "withhold rent".

You probably should retain a landlord tenant lawyer to aid you, or look in a search engine (Google, Ask, Dogpile, Yahoo, etc.) for numerous websites giving you, as a tenant, instructions on how to handle this, since I could easily spend several hours giving you all your options.

Good luck!

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Answered on 12/07/07, 7:35 am


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