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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I live in an upscale apartment comples in Roseville Ca. We

Customer Question

I live in an upscale apartment comples in Roseville Ca. We have had three tennis courts and two pools until the management ripped up one of the courts and ripped up the pool adjacent to my apartment 5 months ago with the promise to renovate. They say permit problems have not allowed them to finish or continue at this time. It was implied that these amenities were included in the lease of the property. Also the whole area is a mess and unsightly. Could I sue for amenities not provided as implied at the time of lease.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: CA
JA: Has anything been filed or reported?
Customer: I sent a demand letter for $1000.00 in damages.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I pay quite a bit in rent for this 24000 a year
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  legalgems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 2 months ago.

Yes, there is an implied contract that the amenities will continue to be available for the tenants; otherwise that would constitute misrepresentation (or fraud in the inducement if it is intended to encourage the tenant to sign the lease).

Basically if the premises are not as represented, the tenant may sue in small claims;

please see:

http://www.dca.ca.gov/publications/small_claims/file.shtml

They may not withhold rent-that is a remedy for when the unit itself is not habitable (ie bad plumbing, infestation, etc) and withholding rent can lead to an eviction notice.

Rather one can sue in small claims (under $10,000) for the difference in the apartment as represented (with amenities) and the difference in the apartment as it actually exists. This will be a monthly amount and the court may award a judgment for the difference. They can also direct the landlord to lower the lease rent for the duration of the lease.

It helps to document it by photos showing long term issues, and by sending a demand letter, requesting an offset of rent. If no response then one can pursue it in small claims.

http://www.courts.ca.gov/1008.htm

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Expert:  legalgems replied 2 months ago.

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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