3 day notice to cure breach or quit over a dirty bathtub I am very frustrated with my landlord. They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub". They didn't even give me a warning about it. In my opinion, it's not that dirty and certainly not to the extent requiring a legal threat. Also I noticed a typographical error on the notice. Instead of "Address of : Unit name" it was "Address if : Unit name" I've always paid my rent on time and I am very quiet. I am pissed they would treat me like this. I am thinking of the fighting this. Is it standard operating procedure to threaten tenants over such a small infractions? If I take this to court, is a judge going to issue an eviction order over a bathtub whose cleanliness is debatable? How can I take advantage of the typographical error?
Clean your tub. Scratch that off the list. Typo - forget about it, there is nothing here, clerical errors are curable if not outright reasonable. In CA your landlord can enter under certain circumstances. All but emergency require notice, agreement, or your presence. But what is your remedy? A civil suit for damages or call the cops and try to get the landlord charged with criminal trespass under CAL. PEN. CODE § 602.
&quot;Reasonableness&quot; is a deliberately vague and flexible term. It does not -- and is not meant to -- have any precise definition. Instead, it is meant to be highly case specific. A &quot;reasonable&quot; time to repair will therefore be longer or shorter, depending on the circumstances. If you want a scratch in your countertop repaired, a &quot;reasonable&quot; time is probably a lot longer than if you want the plumbing repaired. And a reasonable time to repair the plumbing may itself vary with the availability of vendors, supplies, etc. Likewise with the air conditioning. It's probably a lot more reasonable to wait three months to fix the AC if it breaks down in December than in if it breaks down in the summer, which it sounds like is what's happened to you. Based on the timing, I'd feel very comfortable arguing that the leasing company has breached the agreement. The &quot;reasonableness&quot; standard is meant to give the landlord adequate time to respond and get the job done properly, but it can't be stretched indefinitely as seems to be happening here, to the point where you have essentially lost the entire benefit of air conditioning by sitting in a hot apartment for the entirety of the summer. New York City has pretty strong tenant-protection laws, so I suspect that you would have the option of hiring someone to handle the repairs yourself and then deducting your costs from the rent you owe.
It is usual for a lease to specify for what purposes and on what notice the landlord is entitled to access. Often there is a provision allowing the landlord access on no notice in an &quot;emergency&quot; which is often not specifically defined. Access for purposes of repair, and for purposes of inspection may be on 24 hours notice, or 48 hours, or some other period, or on &quot;reasonable notice&quot; with no specific period specified. Access for a reasonable purpose (such as inspection) on reasonable notice that does not actually inconvenience the tenant, and that is not demanded with unreasonable frequency will probably not constitute such a breach as to justify ending the tenancy, and may well not justify sizable damages in the absence of other breaches. Much will depend on the wording of the lease or rental agreement, and on the practice of the local courts. One might well ask oneself &quot;what actual harm will an inspection with insufficient notice do me&quot; because a court might ask a similar question if an action is brought. If the inspection does cause a problem, then that should be addressed.
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be hard to prove. Both landlord/tenant law and privacy law are largely matters of state law in the US, not federal law. Such laws vary a good deal in different states. In many states a landlord is allowed to enter the rented premises, usually on "reasonable" notice, or without notice if there is an emergency. If the landlord actually lives in another part of the house, and simply rents a room to the tenant, the landlord may be able to enter the room more freely than if it was a separate apartment or house. In many cases where there is a written lease or rental agreement, it will specify under what conditions the landlord or landlord's agent may enter, and how much notice is required. What does the lease in the current case say about that?
When screening potential tenants, what is the proper way to turn them down, and the legal implications if the tenant asks for more details? The "proper" way to turn someone down depends on why you decided to turn him or her down. As long as you did not decline to rent to a tenant because of information you learned in a credit report or commercially available criminal background check, you are not required to notify them. However, it is a good business practice to notify them in writing as Nij's post suggests. However, it would be a good idea to keep a copy of the letter for you records and possibly write down some notes. Such as, "other applicants had higher income," or "could not verify rental history." These kinds notes one the letters you mail out will be you friend should you ever be accused of improper discrimination on the basis of race, gender, religion, etc.. Declining to Rent Based Upon a Credit Check or Commercially Available Background Check: The federal law that governs credit checks and commercially available background checks is the Fair Credit Reporting Act ("FCRA"). The FCRA regulates "consumer reports," which includes credit reports and criminal background checks that are assembled by companies. (The FCRA does not apply if you, yourself, are going to the state police or courthouse to get background check records). Under the FCRA, requires that people who make decisions against someone based on information in a credit or background check, notify that person. The FCRA calls this decision against someone an "adverse action" and requires that you provide the affected party the following information: The name, address and telephone number of the company that supplied the consumer report, including a toll-free telephone number for companies that maintain files nationwide; A statement that the company that supplied the report did not make the decision to take the adverse action and cannot give the specific reasons for it; and A notice of the individual's right to dispute the accuracy or completeness of any information the company furnished, and the consumer's right to a free report from the company upon request within 60 days. The FCRA calls this notice an "Adverse Action Notice." See 15 U.S.C. 1681m. An adverse action notice can be oral, written, or electronic. Obviously, written or electronic would be the best since you can prove that it was sent. Also, be aware that the FCRA has civil penalties if it is violated. The Federal Trade Commission has a helpful guide that lists some of the basics of when you do and do not need to provide adverse action notice. Website: Using Consumer Reports: What Landlords Need to Know Brochure: FTC Facts for Business However, it does not cover criminal background checks, which have many of the same rules as the credit checks under the FCRA.
he is jointly liable for the remaining 3 months, even though he never signed anything. Is this true? That seems unlikely. The lease is between Adam and the landlord. Although the lease might have language making all tenants jointly and severally liable, it would affect Bob only if it can be proved that he was aware of those terms when he moved in. Your description does not elaborate on any agreement(s) between Adam and Bob. But Adam is not allowed to impose on Bob any obligations merely because relations between them broke down. Absent a contract between Adam and Bob, the question of whether Adam is entitled to any recovery from Bob could only be assessed on equitable grounds.
Nothing in the description strikes me as illegal or unlawful, so I am unsure of the grounds your friend would have for legal action. The questions a lawyer would ask (in addition to that) would be likely to include : How does your friend quantify the damage? The law is great for pursuing financial compensation, but does not handle abstract concepts. Has your friend used psychological counselling services, and what was the cost? What additional financial costs has your friend borne? If your friend has written to the University and has expected a response, what is the evidence of diminished trust? (The letter suggests otherwise.) Would a reasonable person (the proverbial "man in the street") be psychologically damaged by the events experienced by your friend? Is there evidence of a pre-existing condition? You've also mentioned yourself as a witness. Did you witness the eviction, or would you be attesting to your friend's state of mind? If the latter, what are your psychological qualifications? In the main Western jurisdictions, the answer to the question "can my friend sue?" is usually "yes", but whether they stood a chance of winning the suit would probably be a better question to ask. Your friend would only be likely to win a case against the University or the Security company if they could demonstrate unlawful or counter-contractual activity by staff, and were able to demonstrate financial damages that had been caused by that activity.
Yes, see section 11 of the Landlord and Tenant Act 1985: (1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor— (a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes), (b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and (c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water. ... (6)In a lease in which the lessor’s repairing covenant is implied there is also implied a covenant by the lessee that the lessor, or any person authorised by him in writing, may at reasonable times of the day and on giving 24 hours’ notice in writing to the occupier, enter the premises comprised in the lease for the purpose of viewing their condition and state of repair. Also see the dot.gov guidance, especially the section entitled &quot;Your responsibilities&quot;: You should give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.