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I live in an upscale apartment comples in Roseville Ca. We…

I live in an...

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.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Has anything been filed or reported?

I sent a demand letter for $1000.00 in damages.

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

I pay quite a bit in rent for this 24000 a year

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Answered in 5 minutes by:
8/15/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,615
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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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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legalgems
legalgems, Arbitrator
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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.

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