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Inconvenienced by repairs
Q: Can I break my yearly lease with 5 months left on it due to extremely hard drinking water? If the kitchen counter needs repair, can the landlord choose to paint and repair all the counters, making the kitchen unavailable for 3 days? Can the tenant stay at a hotel at the landlord’s cost during the 3 days?
Santa Clara, CA
A: Imagine for a moment, my fellow renters, that you’re a homeowner. The kitchen counters need repair so you decide to have them all refinished. You interview several remodeling contractors, but even the quickest one says it will take at least three days. They have to remove the old counter surfaces, install the new surfaces, and, finally, apply two coats of sealing material that requires a day to dry between each coat.
Would you, number one, pay to go stay at a hotel during the 3 days? Or, number two, would you find a way to live in the house despite a little inconvenience? Or, better yet, number three, would you ask the remodeling contractor to pay for you to go stay at a hotel?
Only one of the above solutions is free, the one that requires you to live with a little inconvenience for three days. The first solution requires you to pay out of your own pocket. And, the third solution . . . requires you to pay out of your own pocket. The remodeling contractor will say, “Sure, I’ll pay for you to stay in a hotel.” Then he’ll promptly add the cost of the hotel plus a little profit on to the price of your remodeling contract.
And now, in plain English, the more services and amenities you require from your landlord, the more your rent will cost! If you want affordable housing, live with a little inconvenience, or maybe an apartment that’s a little bit imperfect. If you want housing costs to skyrocket, keep demanding more and more from your landlord.
Make sure the landlord provides 24 hour armed security so that no theft ever occurs in your complex. Demand that the landlord install sound insulation so you can’t ever hear your neighbors. Ask that the sidewalks be swept daily so you don’t track dirt into your apartment. After all, you can have almost anything you want in America, as long as you’re willing to pay for it. |
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Mediation for roommate disputes
Q: My roommate and I were sharing an efficiency apartment before we moved into a two-bedroom apartment with another friend. I am not the neatest person and I know it annoys her. Recently we've gotten into arguments over my cleaning, during which she demands that I clean my side of our shared bedroom and threatens harm to me and my property if I do not. During an altercation over cleaning dishes, she hit me and nearly broke my glasses. I want out of this situation, and I have asked that we have a mediated discussion. She has flat out refused, calling the request immature and illogical. Legally, what is the best way for me to resolve this?
Arlington, VA
A: Not to take sides, but your roommate is the immature and illogical one for refusing to have a mediated discussion with you. Yours was an excellent idea. Mediators are trained neutral parties that can facilitate a rational discussion between the two of you. In addition, a mediator can help you find some common ground that may solve your problem.
You can probably find a mediator at your local tenant’s association. Or, your local neighborhood services center may have a dispute resolution office. Non-profit agencies such as legal aid often operate dispute resolution centers as well. Look in the government pages and the yellow pages of your phone book under “Dispute Resolution.”
But, you’ll have to drag your roommate kicking and screaming it seems. Actually, explain that it will have some benefits for her as well. Both of you should view the process as a way to resolve the root causes of the tension in your house, not just the symptoms. So, she might get a cleaner house out of the mediation. Go to the mediation center yourself and pick up some literature that explains the process to her.
By the way, renters, you can also use mediation or dispute resolution services to resolve disputes with your landlord if the landlord’s willing. If you’re just not paying rent, it’s doubtful the landlord will agree to mediation. But, for other issues, such as repair requests or complaints about neighborhood noise, you might give mediation a try.
If the threats and violence continue, you should get out. No one should live in that atmosphere. |
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About Phil Rhodes
Phil Rhodes is an experienced commercial credit attorney in Northern California with his own practice, emphasizing bankruptcy, real estate finance, and other consumer and small business credit issues. Phil is also a happy renter, now on his sixth successful landlord-tenant relationship. |
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Disclaimer
Information provided by Phil or Greg should not be construed as real estate or legal advice. State and local laws may vary, so please consult legal counsel in your area with respect to your individual situation.
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