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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We are renting a home in So. Ca. until January 2010. We have

Resolved Question:

We are renting a home in So. Ca. until January 2010. We have been here for over 1 1/2 years, and have always been current with our rent. Additionally, our landlord has a $3,500.00 security deposit, which we are afraid we will not get back due to his financial situation. Additionally, my wife found out that our landlord is not paying his mortgage or monthly association dues. Recently, we received a letter from the Association explaining that our cable (Internet) and access to the pools and skate-park will be terminated in September. In talking with our landlord, he said that they will not turn off the cable, and did not have an answer in regards XXXXX XXXXX skate-park and pools. My wife is in fear of the cable being disconnected, and not having the ability to connect with her clients. Tomorrow is September 1st, and we are not sure if we should send the monthly rent, or look to move somewhere where we know that the cable is going to stay on, and we have access to the pools.
Thank you
Submitted: 7 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 7 years ago.
Why is the internet and access to the pools being shut-off? Are both of those being disconnected due to your landlord not being current on his bills?
Customer: replied 7 years ago.
Yes. In the area we live, the cable is provided via the monthly association dues. It is provided through Cox Cable, and we contacted them directly, and they told us that they are not allowed to go around the association due to thier contract. Also, to acces the pools, etc., you need an access card that they can turn off when your are past due with your association dues.
Expert:  Dimitry K., Esq. replied 7 years ago.
What you can do is contact the HOA yourself and pay them the association fee instead of the landlord. Then deduct that fee from your monthly rent (be sure to enclose a copy of the check sent to the HOA). This is called rent abatement and is an option for you to consider. This does not give rise to a rent deficiency since you are still faithfully paying for the benefits you are entitled to receiving by renting out that property.


Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.
The only way we can do that according to the association, is if we pay the back fees. They are $5,000.00.
Expert:  Dimitry K., Esq. replied 7 years ago.
I see.

Hmm, then you should look for a different property to rent but pay the full month now (since so far the breach did not occur). If your cable and access gets cut off, take the landlord to court for backrent and breach of lease agreement to get a judgment against him in case he decides to hold onto your security deposit.

I am sorry that you are in such a position.


Dimitry Alexander Kaplun, Esq.
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