Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My daughter in Berkley school, renting an apartment

Customer Question
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: 4 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/14/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Legal Question
Customer reply replied 4 months 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 4 months 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:-)?

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 4 months 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?

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 24,657
24,657 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
My Granddaughter was given 7 days to vacate an apartment. Is
my Granddaughter was given 7 days to vacate an apartment. Is this legal? … read more
LegalGems
LegalGems
Juris Doctorate
12,519 satisfied customers
My 97 year old sister is no longer medically able to live in
My 97 year old sister is no longer medically able to live in her rental apartment. Due to illmess, she can never return to her apartment. … read more
Maverick
Maverick
Doctoral Degree
6,136 satisfied customers
My mom needed a knee replacement, prior to the surgery she
my mom needed a knee replacement, prior to the surgery she appointed me DPOA, she failed to recover after surgery. We then learnt that she has stage 4 lung cancer and lessions on her brain and never s… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,066 satisfied customers
I signed a rental lease from 10/01/2010 through 9/30/2011.
I signed a rental lease from 10/01/2010 through 9/30/2011. I gave the land lord $1325 for first months' rent. $1325 for the last month's rent and $1325 for a security deposit. With the land lord's ver… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My question is a two part. first my apartment was broken into
My question is a two part. first my apartment was broken into i was moving in and havent been there for no more than a month. However the land lord is telling me the only way he would break the lease … read more
loeblaw
loeblaw
Judicial Doctorate
1,629 satisfied customers
hi i was woundering iam renting this house and the electrical
hi i was woundering iam renting this house and the electrical is messed up and my land lord will not fix it i also have hud and hud payed my rent for june but wont for july until the electrical is fix… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
I HAVE SIGNED A LEASE FOR A YEAR AMD THE LAND LORD IS NOT WILLING
I HAVE SIGNED A LEASE FOR A YEAR AMD THE LAND LORD IS NOT WILLING TO FIX THE HOUSE TO BE IN GOOD CONDITION i LIVE ON THE FIRST FLOOR AND THERE ARE MICE AND INSECTS IN THE APARTMENT. a FEW MONTHS AGO W… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
I RENT AN APT FOR THREE YEARS AND NEVER LATE WITH RENT OR HAD
I RENT AN APT FOR THREE YEARS AND NEVER LATE WITH RENT OR HAD ANY PROBLEMS,NOW OWNER GOT COUGHT WITH RENTING ILLIGALY TELLS ME I HAVE TO MOVE BECAUSE THE APT HE RENTED ME IS ALSO NOT LIGAL… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I LIVE A 2 FAMILY HOUSE.THE SECOND FLR HAD A FIRE.THEY HAVE
I LIVE A 2 FAMILY HOUSE.THE SECOND FLR HAD A FIRE.THEY HAVE AN ORDER TO VACATE FROM CITY.I DONOT.I HAVE NO LEASE.I'VE LIVED THERE OVER 15 YRS.MY LAND LORD REQUEST THAT I MOVE WHILE REPAIRS ARE MADE.MY… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
I rented a room in a house in August 2006. I paid 375.00 deposit
I rented a room in a house in August 2006. I paid 375.00 deposit and signed a year lease for 375.00 a month. There were five people living in the house. I lived there for three years, But I was not as… read more
A.J.
A.J.
Attorney
Doctoral Degree
1,796 satisfied customers
My daughter signed a 1yr lease for an apartment in Stafford
My daughter signed a 1yr lease for an apartment in Stafford Va with 3 other women.. there was a incident in the apartment that threatened my daughter which was caused by these roomates--My daughter on… read more
David C. Garner
David C. Garner
Attorney
Post-Doctoral Degree
920 satisfied customers
My land lord denied me a subletter after making a contract
My land lord denied me a subletter after making a contract with a subletter. Can I take him to small claims court? My land lord gave back my security deposit in full before my lease was up and yet he … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,046 satisfied customers
My land lord asked me to sign a lease that was only to be presented
My land lord asked me to sign a lease that was only to be presented to the condo assosiation for purposes of pool passed to be issued as an occupancy lease. After leaving the apartment he said after 2… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,910 satisfied customers
I moved into an apartment that seemed to be a very nice community.
I moved into an apartment that seemed to be a very nice community. Within 2 days of moving in I realized this place was infested with Roaches. The Land lord as well as myself have done everything too … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
My daughter is in college and moved into an upscale ...
My daughter is in college and moved into an upscale apartment building in August. Just last Saturday (Oct. 27, 2007) there was a murder and a critically wounding in her apartment building. I would lik… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers
My daughter moved into an all electric home last Jan. We ...
My daughter moved into an all electric home last Jan. We found out within the first month, that the hot water heater was bad, as it never shut off. Her first bill was around 800.00 for the first month… read more
Medicine&amp;Law
Medicine&Law
Nurse Practitioner
1,896 satisfied customers
Even though I did not signed a least agreement, my land ...
Even though I did not signed a least agreement, my land lord ask me about my friend coming over frenqently & staying the night. The land lord also wanted to know how long my friend would be staying? I… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
I MOVED INTO MY PLACE WITHOUT KNOWLEDGE OF HOW ALL FOUR ...
I MOVED INTO MY PLACE WITHOUT KNOWLEDGE OF HOW ALL FOUR HOUSES WERE HOOKED TO THE SAME WELL.WHICH IS HOOKED TO MY ELECTRIC METER.EACH TIME THE PUMP KICKS ON IMY METER SPINS LIKE CRAZY MAKING MY ELECTR… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x