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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92502
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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what rights do I have if I am renting a single family home

Customer Question

what rights do I have if I am renting a single family home ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

As a tenant your rights are under the landlord tenant act. If the windows are broken and need repair, the landlord has a duty to repair or replace them unless your lease specifies it is the tenant's responsibility. If the windows need to be replaced because they are broken and he has not done so in a reasonable time (2 years is not reasonable) he is in breach of lease and CA law allows you to withhold rent or to make the repairs and deduct the cost from rent as long as you give him written advance notice you are doing so and a reasonable opportunity to cure.

His conduct sounds like he is breaching the lease with you for not making necessary repairs in a reasonable time. You need to give him written notice of all of his breaches. As far as raising the rent, if you have no written lease, he has the right to raise the rent as he chooses, but you need to give him your notice of breach against him in writing and consider even getting out of there and away from the landlord who refuses to properly maintain his property.



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Customer: replied 1 year ago.

I understand all of that -I am wondering if I can have someone of authority to come an inspect the house - I am on a month to month - so I am sending him a registered letter of my requests - I am not moving just yet - as the rent is still reasonable, and I can pay it - I just want things fixed - I can assure you it will get fixed if I can get an inspector come in !


is there somewhere I can look up single dwelling rights? I must have some - ( as far as month to month ) Am I more protected with a lease ?

Customer: replied 1 year ago.

P.S. I am in Los Angeles , California

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Yes, you can call your local building inspector/ housing department as well and they can come out and will cite the owner.

There is no difference in your rights renting a house as there is an apartment. All of this falls under the CA Landlord Tenant Act. See Also: HUD CA Tenant's Rights.

Yes, you have more rights with a lease. A lease guarantees that rent will not increase during the time of the lease. The lease also specifies the duties of the landlord and those of the tenant. A month to month tenant's rights are limited to those under the law. Since you have been there more than 12 months, you have to be given 60 days notice, but the landlord can terminate the lease and make you leave by giving you that notice for no reason, whereas with a lease they have to leave you there until the end of the lease term unless you breach or violate the lease.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 92502
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Law Educator, Esq. and other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you !


this is the response I am writing to him


however , there is one more thing I would like to address , In my month to month it states I rent a one bedroom house - he has verbally excluded areas that are filled with his "stuff" which is old wood , planters chairs etc.


and in the basement has stored furniture but won't let me store anything there ???- I realize it sounds like I should move , but I am saving my money to buy a house !


although sometimes it can be unbearable !


here is my response :


This letter is in response to your letter dated July 19th, received July 23rd , 2013


In response to the rent increase, I am fine with the rent increase , but would like the following things fixed as it has been One year and 11 months and many visits for estimates .I was promised that the windows would be replaced. also the screens are nailed to the frames which makes it difficult to clean them .


Pathways will remain clear, except for the occasional supplies that might be there over night -


The fire department or any other department would have no problem accessing the property in case of a fire or emergency.


As for the repairs & painting - Per he County of Los Angeles Housing Authority, a 24 hour advance written notice is required before entering.The notice should state specific time of entry which must be duriing normal business hours .


I would also need to know so I can move curtains & and make arrangements to leave windows open and / or any percautions I will need to make because of fumes that might effect my dogs. Also lead free paint is require by law.


As you are raising the rent, I will require that you uphold the original rental agreement of providing a gardener for the property, as it has been nearly a year since this service has not been provided. The gardening upkeep has been done by me the tennat .Per your permission and your handy man, I have added a patio . you also provided the bricks for this.


Sincerely yours,


 


Do You think I need to add or delete anything ?


Thank soo Much !


Sincerely,


Liz

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Your letter is fine and actually is non-threatening and friendly, but if he refuses to respond, you have to be prepared to move to the next step and report him or withhold rent or prepare to move and take him to court.
Customer: replied 1 year ago.

Thank You Again !


Sincerely ,


Liz Rizo


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.

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Law Educator, Esq.
Law Educator, Esq.
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Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.