Re: Renting Apt requirements catatized | 27 posts since Mar 2002 24.126.192.8 | 05.17.2002 @ 13:21 I am considering the Repair and Deduct. Thanks catatized | 27 = ================== A better description of this law is: Live rent free forever at the landlords expense law. lb59
Well lets see here lb....it sounds like you are either in support of rent free housing or in support of slum housing! My landlord has been given notice from me that repairs have been needed since last September. They have been given two orders or 'Notice to Comply' orders from Code Enforement of the City of Los Angeles. The second notice is 4 pages long and only included 8 out of 16 apartments since the management did not arrange for entry in the other units. The repairs include worn carpeting, mildew, paint, ventillation, smoke detectors, door jams, screens, locks, A/C.... Why should this landlord not pay for these repairs? Why should he continue to collect rent when he is not maintaining the units? Also the civil code only allows repair and deduct twice in any 12 month period, so its not like you can go rent free.
1*How do you expect him to make repairs when he isn't getting the rent out of the unit to pay for the repairs? 2*Why should the renter be entitled to live in the unit rent free simply because of un made repairs? =====================
to answer your questions: 1) The landlord has been getting rent therefore he should have the monies already to make the repairs; Also if he does not have the financial resources to maintai his investment and legal obligations, then he should not be a landlord. 2) If you read the previous posts completely (which obviously you did not) you would see that the tenant does not live rent free. The tenant pays for repairs (up to one months rent worth limit) and pays the diference in rent. This can only be done 2 times in a 12 month period. Therefore, the most the landlord would be out is 2 months rent for repairs he was responsible for to begin with. There is no advantage to the tenant ( like more money) except that the repairs are made.
1*Is this City or state code? 2*Here in Ohio it don't work this way. What happens here is if the tenant complains about repairs it forces the landlord to furnish the renter the unit without cost indefinitely even if the complaint about needed repairs is frivolous. Once this happens the landlord is stuck with the freeloading renter with no way out . A*You can't fix what ain't broke. B*You can't evict because it's called retailiation against the renter for filing a complaint and carries very heavy fines. ------------------------- This happened to me back in the early 90s so I got out of the rent business. I decided Scuba Diving in cesspools would be a much more pleasant way to earn a living!
California law is very well balanced between landlord and tenant. Tenants have many rights and protections, but not to the extent that the landlord get screwed. The only problem with the system here, is that 6 months after the issue is resolved, the landlord can pretty much evict you for whatever reason he has in his pocket. its really retaliation, however, the law only protects you for 6 months unless you can prove intent.
Anytime a landlord actively seeks reason to evict someone after a situation like this, it is for retaliation. Valid reasons for eviction are obvious and do not have to be looked for.
Back to the original topic I went to the apartment that I wrote about-got the application and such. The rep told me that they consider income, recent payment history, etc. Couldn't tell me the credit report used, so I will call the management company Mon. OK here is the interesting part...I look at the rental application. For credit requirements, it says 75% of existing credit should be positive. My question=what is "existing"? Is this my open accounts, or everything? Also, the application is processed through an organization that describes its background check as more of a evictions/returned checks/etc rather than credit. Is this possible? Thanks everyone!
I would ASSUME that means 75% of "OPEN" accounts should be "GOOD"...any more than 25% "BADDIES" is BAD and you will not be approved... I am NOT a landlord, but I think if you gave 6 months up-front money and the other 6 months rent at the end of 6 months, they could take somebody with 100% "BADDIES"...
Only problem with collecting six months rent as a deposit is that it is illegal in some states (at least one anyway) In Nebraska, you are only allowed to collect one month rent as security deposit, plus you are allowed to collect a pet deposit (I think it is half of the rent, but I'm not positive)
keltexx, I have 2 daughters that live in Plano and neither of them had a credit check and they moved into brand new apartments. O down. The only thing is when you move have the apartment mgr. do a walk thru. I'm trying to help one on a $1800 CA because they are trying to say that they had to put new carpet in which is not true. They have to make their $ somehow. I would be wary of o deposit or a graduated rent. I also know that generally in Austin they will pull your CR. One had 9 CA and still got in. I think SA is fairly easy to get in to an apartment. Charlie
keltexx, the background evicitions/returned checks is the service i was talking about. If you have bounced checks with APT communities they can report them to such service, and any eviction (filed) will show up. As long as you haven't done either you should be cool.
Charlie/Sam: thanks. Actually, I am in Houston. It seems that this complex belongs to an association that they use for their background checks. When I investigated on that site, it appears that their credit check seems to have more to do with rental history than credit. I will DEFINITELY do a walk through w/ current landlord. I have had so many problems at current place, which is primary reason I am moving. First, there were numerous things wrong with the apartment when I moved in. Second, there have been repairs made that weren't complete, ie, the air conditioner leaked due to a faulty valve-AC fixed, but paint and crumbled plaster not. Also, landlord is owners sister-and lives in apt next to mine. Of all of my neighbors, she is the loudest and most obnoxious. I am gonna bite the bullet and turn in my application today. Will let everyone know how it goes!
when you do turn in your application, sit down with the manager to discuss any points you have. Most of the leasing agents get $50 per application or something like that, they do not care if you pass muster or not. The Leasing manager is ultimately responsible for your apartment (and you paying it). When you don't pay the leasing managers' ass looks bad not the leasing agent. Its the leasing manager that you must convince you are worthy, bottom line.
Well, the plot thickens. Just spoke to rental manager, and she feels confident we can work something out. I am faxing over application now....please cross your fingers for me!!!
In my experience, the main things they look for are collections for utilities, evictions, late rent pays, and income. I have been told a couple of times that collections for things like medical do not weigh too much in their desicion. My problem is getting my apt manager to fill out the damn form for my referance. I'm wondering if they have any legal obligation. I have paid the rent on time, no complaints. I've been a valued tenant so what gives?? scott
