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My daughter in Berkley school, renting an apartment

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My daughter in Berkley...

My daughter in Berkley school, renting an apartment independently with 3 other colleagues in one apartment for about $3700 a month. Since start from last June/2017 till present with one year lease, landlord has been doing massive construction, additions, like full construction site type location. We parents, visiting our daughter last week end, on 9th march to 11th March, saw the massive tarps, lumbers, steel bars, sand, cement, nail by access to apartment steps, other construction material

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

Students( tenants) gave letter showing concerns and call land lord re on going mess, workers walking talking, drilling, jackhammering, shutting off water, electricals, they can not study, concentrate, getting poor grades, have to and forced to move out or have to leave to else where or liberary to make up with mid terms, quizes, finals, due to un hegine condition, noise, dust, developed migrains, to

Lawyer's Assistant: What steps have been taken so far?

Ids spoke to landlord manager, she gave few $$ worth coupon to lift or starbucks to shut them up. I can send lease and pictures, it is massive construction, no student should be allowed to live there, no safety,i got pictures, video from girls, letter they gave to land lord rep, I will say we should clain entire rent refund plus any suffering, It is not inhabitable.I can understand landlord can do construction with real caution like replacement accomodation of like dstyle and value and location repair, but this place is very poorly maintained, all corners of building in out is full of blacl spots, spider webs, never cleaned, or swept or washed, no maintenancem entrance door, box, all are broken, big crakes a locations, just horrible,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That is nut shell, purpose of this lease is to have a home to enjoy it here to peacefully study and achieve their goal. but this place is horrific as its being plus landlord started long construction project without losing any revenue by saying in lease unconscionablly that land lord is doing construction. Kids do not ubderstand the gravity of that masive construction like a construction site where every thing is kind of temporary and only professional workers can handel per safty rules and regulations per OSHA type guidelines. here I see no warning schedule given by emails, or posted anywhere when what will happen, etc. We like to claim full rent and penality for such conduct and such illegal claue in leases. I am one of parent All parents co-signed lease for their daughters and all have consented me verbally through my daughter to contact attorney or any agency for this matter. regards ifti

Submitted: 1 month ago.Category: Legal
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3/14/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,379
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
I want to cancel this please confrim cancellation. I did not like your scheme, If I do not get cancellation immediately via my email and i do not want to pay any thing, I =f I do not get confirmation as requested, I will report you , your form to State Bar Of Califirnia. Thanks.
Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your daughter's situation.

This appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation.

This is going to be difficult because the only person that could decide whether this is a violation is going to be a judge or a jury, so if your daughter decides to move out, then she is going to risk being sued by the landlord for the remaining rent; however, that is of course assuming the landlord even decides to take action.

To help facilitate the situation, you may want to consider just writing a letter detailing the problems and demand that they rectify this situation or you will move off the property and not pay any rent thereafter as allowed by law. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation. .

What other questions did you have for me today that I can help you out with:-)?

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

Also, the phone call requests are sent automatically by the system. You aren't required to accept. Did you get a chance to see my answer to your question? Did you have any questions about that at all?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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