Cleaning, Repairs 'necessary cleaning' before an extensive remodel of the duplex

[wendsum]

We have lived in our duplex for 15 years. Recently we had a leak which we reported. Thereafter our landlord issued us with a 60 day NOTICE TO VACATE. We found alternative premises and informed her that we would be leaving at the end of January. On 11 January, her agent (in the complex) delivered a note stating that the landlord would be coming with her designer to view the unit FOR THE EXTENSIVE REMODEL and that she would inspect the unit and tell us what needed to be done. The landlord, handyman and designer walked around the unit - there was no discussion with my husband who was present the whole time as to what if anything needed attention. (clearly the visit was not a pre-inspection but a tour with the designer). Two days later we received an unsigned TOTALLY GENERIC LETTER from her in which she detailed what needed to be done. This letter was better suited to a tenant who had only occupied a unit for a year, let alone 15! There was no reference to wear and tear as per 1950.5 - in fact one is informed that that one has to repaint the unit. She also states that the unit has to be returned to the condition it was in when we took occupancy - no provision for the 2003 amendment re same.

Our issue is the following: She is doing an extensive remodel (her words) of the unit: kitchen cupboards, ceiling, floor, counters etc to be ripped out; Likewise the shower is to be totally replaced. Carpets are being replaced. Unit is to be painted - all this was discussed in the presence of my husband.

Given the extensive remodel, it is not reasonable to expect a tenant to spend time and money cleaning areas, for example, the kitchen, if that is going to be trashed.

We contacted her after receiving the generic letter, and all she would concede was that the carpet didnt need to be cleaned.

In the past, particularly 4 years ago, we had an acrimonious relationship with her - we had to call in a code inspector to sort out various problems in the unit. Thereafter she harrassed us - shouting LEAVE LEAVE LEAVE in my husband's face, made an unlawful visit to the private garden, sent threatening letters, accused us of running an illegal business and so on. (We were not unfortunately in a position to leave). Rather we took her on and I wrote a few letters in which i referenced 1950.5 civil code re landlord retaliation and harassment - she responded with a letter clearly written by a lawyer, but backed off completely. We are not the only tenants in the complex who she has bullied.

I am writing a third letter in which I require her to act in good faith and delineate those areas which will remain and which therefore require cleaning. This is primarily for the purposes of a paper trail.

There is very little online re cleaning pre an extensive remodel. We anticpate going to small claims court and taking her on. Any advice, comments would be appreciated. Specifically is there any legal precedent re cleaning prior to a remodel or does common sense prevail?

 

[Michael Wechsler]

One issue has nothing to do with another. What is written in the lease is what are the terms of agreement. I'm not surprised by what you're saying and reasonable wear and tear is usually a part of your lease conditions, returning the apartment or unit to such conditions, broom swept. Now if you took her to court, you may consider explaining to a judge that you may have been induced not to perform any repair (not that any was needed) as a result of the landlord telling you that she was remodeling the place and thus any damage or issue with condition was irrelevant. A judge will know exactly what is going on. You may have better results in housing court and you might want to discuss with the housing authorities in your state and then write her a demand letter for your deposit in anticipation of going to court. You should not be intimidated by her attorney, which typically is a matter of barking and scaring tenants into submission. It looks like you've done this.

I can't give you any detailed legal advice which you can rely upon as I haven't made a thorough review. It seems like you've got it together and you should consider that, if she goes to court (or takes you to court), she'll have to concede there what we've discussed. Judges are not amused by landlords who try to take advantage of tenants. Chances are good that, when that happens, recovery of attorneys' fees is not going to happen in court. Again, this is just based upon what I've seen in what may be a completely different landlord tenant court than you are in. Best of luck to you and stay strong.