Tenant Rights issue

[Melena]

On october 27th my wife called and asked if we got a notice about an inspection that day, which we didn't. The property manager verbally abused and threatened my wife to gain entry, insisting we were lying about not receiving notice and basically broke my wife down to where she felt she had no choice but to let them in as they made her feel we would be evicted if she didn't. About 2hrs after the incident, the manager calls me back apologizing stating they wern't paying attention and went to the wrong building (our property has 4 buildings) and we were not supposed to have our inspection for another week or two, and that she would apologize to my wife and call corporate to see about a concession. Being that this was the third major screwup since August, I called corporate myself.

The following Tuesday, November 1st the regional manager called me back apologizing that her voice mails were not coming through and asked what concession we wanted and that she would speak to the manager herself since our apartment is at the end of the hallway, they must have violated the rights of other tenants as well. Since then I have not heard from her and just left a scathing voice mail for the manager above her. Now doing some google research, I found that the manager violated civil code (1498 I believe, forgot to write it down) and at this point on top of the other screw ups, I'm about ready to take FPI (the management company for our complex) to court. Does anyone have any experience with this, or if you live in the bay area can PM me a lawyer who could maybe answer some questions for me.

tl;dr list of issues. In august maintenance hooked up our washer/dryer incorrectly flooding the closest and into the bathroom and refused to do anything till the next day, costing me a day at work ($250) plus about $300+ in damages to towel's and bathmats we had to use to clean the flooding, many of which were wedding gifts.

In October, incorrectly gave us a 3 day pay or quit notice even though we paid our rent. They claimed that there is someone in another building with the same last name, but that's still a reach to believe a screwup like that.

In the end of october, verbally threatened and harassed my wife and kept pounding on the door demanding that we knew of an inspection and that there would be consequences for not letting them in.

[Pirian]

There's a clause in essentially all rental contracts saying that the owner can enter whenever they like. Your wife didn't have a right to refuse them entry, but I'm not sure if they had a right to verbally abuse her, either. They are probably going through all this trouble to apologize because they realize it was their mistake with the date being incorrect, but they are still correct in being able to access the property whenever they please

[Cleverness]

Not gonna bother asking what state you're in since you have verified what civic code they have violated. Before going to court bring this to the attention of the company first and list the 3 things together in the same email and that you aren't happy with the treatment you've been getting since moving in and are considering going to court. Make sure you have documentation for all of this(I don't know what state you're in, but some states dont need consent from both parties to record conversations)

[Melena]

Well in california for what I read, the only time they do not need permission is if A: It's an emergency in the apartment, or if we abandoned the property, which is neither. For a annual inspection, the supreme court ruled that a 24hr notice is to be given, no more then 1 week notice is sufficient. They provided neither, nor was it an emergency. This was strictly for them to change an air filter and inspect the garbage disposal.

[Melena]

Not gonna bother asking what state you're in since you have verified what civic code they have violated. Before going to court bring this to the attention of the company first and list the 3 things together in the same email and that you aren't happy with the treatment you've been getting since moving in and are considering going to court. Make sure you have documentation for all of this(I don't know what state you're in, but some states dont need consent from both parties to record conversations)

California, but both parties have to consent. I have record on my cell phone the date and time they called me back to apologize, and since I work for the Sheriff's office, I'm sure I can pull up a log of incoming/outgoing calls to verify times easily enough if needed.

[Headspace]

What are you guys hiding that your getting argumentative about an air filter change

[Melena]

LOL Hiding nothing. It was a case of if they gave us notice, we could have actually had a clean apartment and the fact they've been dicking with us for a while now. There's a bunch of other screwups they did that I didn't even mention. All they had to do was drop off a notice of inspection and come back the next day all would have been good. But the fact is, A: they didn't, B: were the last apartment in the hallway which means they illegally entered at least 4 other apartments, and C: the fact they called both me and the wife liars and threatened her 4 days before her biopsy when she's already an emotional wreck means i'm tired of dealing with the bullshit. It's not my job to have to police the management here, and unfortunately they have a track record of this and other shady shit after doing some google research on FPI management.

[Gadritan]

You "work for the Sheriff's office," but have to come here for legal advice?

[Restrat]

Do people who work for insurance companies still need to go to the doctor?

[Gadritan]

No. They ask BG medical what they should do.

[Aylee]

I know most of the leases i've signed have a clause in them saying that the landlord has to give a 24h notice

[Melena]

You "work for the Sheriff's office," but have to come here for legal advice?

Civilian position. Plus I didn't realize cops = lawyers If they did, i'd have contacted my dad instead since he retired from the same agency as a Lt.

[guartz]

best you can do is claim abusive situation and have 3 free months to move. I think.

[Synbios]

There's a clause in essentially all rental contracts saying that the owner can enter whenever they like. Your wife didn't have a right to refuse them entry, but I'm not sure if they had a right to verbally abuse her, either. They are probably going through all this trouble to apologize because they realize it was their mistake with the date being incorrect, but they are still correct in being able to access the property whenever they please

You severely underestimate how utterly retarded California is when it comes to renters rights. The OP will probably get paid handsomely because California is utter garbage when it comes to protecting the property owners rights.

** I am not saying that I side with the property management company in the OP. I side with the OP, it's just that California is so heavily skewed on the renters side it's not even funny **

[Melena]

Honestly at this point, i'd take a handsome payout and the ability to move. Here's a list of other issues we've had with no resolution

1. People letting there dogs piss in the elevators at night. (or it could be some of the section 8 crack whores that live there).
2. About once a week we have the fire department at our complex resetting the alarms cause dumbasses smoke weed in the stairwells setting off the alarms.
3. 3 times we've tried to get a second mailbox key for the wife and given up since they can't do it in a timely fashion.
4. Took 4 months + a lot of yelling to get the water bill in our name and some late fee's removed since they kept sending the bill to the previous tenant.
5. For what's supposed to be a secure complex, two entry gates have been broken for over a year and anyone can just walk on in.

And to think I pay $1505 a month for this crap for a 1 bedroom. Fuck I hate california cost of living.....

[guartz]

California Civil Code Section 1927, entitles you to quite enjoyment. Your landlord is violating that, you can get out of the lease or settle for rent reduction, either way youll need a lawyer.

[archibaldcrane]

There's a clause in essentially all rental contracts saying that the owner can enter whenever they like. Your wife didn't have a right to refuse them entry, but I'm not sure if they had a right to verbally abuse her, either. They are probably going through all this trouble to apologize because they realize it was their mistake with the date being incorrect, but they are still correct in being able to access the property whenever they please

lol

dis nigga don't know bout california

can't sign away your tenant rights homie

[Sup3rB4d]

I don't think you should take anyone to court. If you don't like the place move. All they really did was insist on changing your air filter, and if you feel like you're some how damaged over this you're wrong.

[archibaldcrane]

I don't think you should take anyone to court. If you don't like the place move. All they really did was insist on changing your air filter, and if you feel like you're some how damaged over this you're wrong.

if someone verbally harasses my wife, i'd be fucking pissed too. Landlords in california know the game, they legally need to walk on eggshells in dealing with tenants. If one of them thinks they're above the law they can fuck right off.

[Melena]

How am i wrong with them threatening and harassing my wife, when they admitted that what they did is illegal? Not like we can pack up and move anyways since we have 10 months left on our lease as it is.