Privacy infringements, constructive evictions, failure to meet rental agreement, etc

[juechen]

I am a tenant with a 6 month lease that began on Feb 10th, 2012 in Torrance, CA. On the lease, the premise rented out is the whole address. No where on the lease states leased space (partial or specific rooms, etc simply full address). I pay $1,100 per month for rent and verbally agreed half of the house (separated by a door) and shared kitchen. Landlord did state one of her daughter lives on my side but is connected directly to other side of house so access through my side is not needed (which was a lie).

The number one problem is not living up to the rental agreement. Again, lease only states full address. Landlord is now claiming that they only leased one room and bathroom. I agreed only because of half the house, since $1,100 for a room less than 10x10 sq ft is way overpriced as other room shares cost half that price in the area. The Ad on craigslist (now down and unavailable) clearly stated apartment rental with bed, bathroom, dining, and living room as did they verbally clarified during lease sign date. They have a copy of the post since they created the ad, but will unlikely share it.

Since then, there has been a series of issues including privacy infringement such as: making multiple trips to my side, one of her daughter living on her side comes over and stalks me (i.e. stares at me for 30 mins while I eat, or comes to my room upstairs and peek through door crack). Landlord also let her granddaughters stay in multiple occasions for as long as two weeks without informing me, let alone requesting approval from me. Lastly, she even collected $700 from one of the granddaughters again without disclosing such information.

Since then, I personally handed the landlord a letter advising her to correct privacy issues last week, but as a result, she now locked the (shared) kitchen room and I no longer have access. I believe this is constructive eviction and also making my stay uninhabitable and not enjoyable. Landlord also crumbled the letter of complaint in front of my face.

Please kindly advise if I should seek LL and tenant attorneys (someone quoted me 150$ for 30 minutes consultation) or go directly to court? I believe the question here is "how much of the space I rented" as lease has whole address. Does that mean I have rights to the whole house? Should I try the tenant attorney or just go straight to small claims court? Originally, I wanted to peacefully mediate with them and break the lease, but the owners are not willing. After they called the police on me, now, I wish to terminate and retrieve half of the rental expenses since they have not lived up to the agreement and I do not feel right paying these people 1,100 per month for a small room.

Thank you in advance!

Best Regards,

Billy Chen

 

[fredrikklaw]

Should you stay or should you go?

JUECHEN:

I feel irritated just reading your story and find it hard to repress the expletives which best describe such landlords, and I use the term 'landlord' here very lightly. But fear not, this is after all U.S. of A. and not Podunk Republic and you have rights and remedies as a tenant and here is my two-cents on the subject and how I would proceed if placed in your shoes.

First of all, you are bang on the money about this scenario amounting to a Constructive Eviction as a result of the landlord's breach of the Covenant of Quiet Enjoyment and making the place uninhabitable. You also did absolutely the right thing by asking the landlord to cure the defect but I would not hold my breath waiting and do not bother or waste more time and energy with such heathens; just go for the proverbial jugular.

In the event of a Constructive Eviction occurring, the tenant has the right to suspend payment of the rent, submit a notice of intention to vacate (but do not give a firm date as in "I will be out by April 30th, 2012") and begin looking for alternative accommodation. But please note that such a move-out while the rental payment is suspended has to be accomplished within a reasonable amount of time which I would guess would be anywhere from 30 to 60 days.

But if you want to stay put and take these people to task, then your remedy is not with the small claims court but with the Unlawful Detainer Department of the Los Angeles Superior Court. You may still withhold rental payment, but it should be paid or deposited into an escrow (safe) account as per normal until the time a hearing is scheduled at which on the proof positive which you will provide, the court will find the landlord in breach and order him to make amends and make the necessary repairs and such to come in compliance with the lease. You will then be ordered to pay the back rent due, but it will be less than the normal sum to compensate for the defects.

The landlord must also be high on superglue if he thinks he is going to get away with claiming that the $1,100 rent is for a room and the share of the kitchen (the access to which has been effectively cut off). Last but not least, from what you have said in your post, I envision those people to be the kind who are either totally ignorant of the rules against landlord exercising self-help to evict a tenant or they simply do not care about such trivialities as rules and regulations. In which case be on your toes and you can even mention to them in no uncertain way that to lock you out without due process will be even a bigger mistake than their daughter leering at you and cutting your access to the kitchen, and for basically being such Royal You-Know-What!

And don't be shy; obtain a stay away or a temporary restraining order should they get up your nose too much.

fredrikklaw