This is going to be a little long, thanks for bearing with me, here goes:
First off, I live in California.
On the first of this month, we rented a condo from the owner. The nose of the stairs to the upstairs area were broken and made for unsafe passage. I asked him to fix this issue and to repaint the apartment. He had painted it yellow, a color which we did not agree to. We purchased the paint and his hired contractors to fix the stairs and repaint the living room and bedrooms. This was completed on the 6th of the month. We had paid a month's rent and a deposit equivalent to the rent for the unit on august 29th.
After this was completed, we started moving appliances and furniture into the home. On the 16th, I noticed a puddle of water in the kitchen, behind the refrigerator. Upon further inspection, I discovered a leak behind the wall that had soaked the drywall completely. I called the landlord and he sent an emergency plumber to cap the leak until someone could come fix it. To my surprise, (/s) there was mold. They recommended that no one sleeps there until the issue is taken care of. The pipe had previously been repaired with a galvanized fitting where copper should have been used. It had rusted overtime and it had sprung a leak. The contractors used by the landlord came by the Monday after and tore the mold out and treated it. It has now been a total of 13 days that my kitchen isn't fixed. They're coming on wednesday to repair the pipe and put new drywall up. For the first 6 days, and these 13 days, I want to deduct rent and send the check that will reflect these issues. The check will be the amount of the rent divided by 30, multiplied by the number of days the apartment has been partially habitable (19) with that amount subtracted from the rent amount. On top of this I still do not have my mail key, garage door openers, pool area key, or the community HOA rules.
For more clarity, here's section 32 of our lease agreement that we both signed:
Section 32: DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident, or other casualty that render Premises totally or partially uninhabitable, either Landlord or Tenant may terminate this Agreement by giving the other written notice. Rent shall be abated as of the date Premises become totally or partially uninhabitable. The abated amount shall be the current monthly Rent prorated on a 30-day period. If the Agreement is not terminated, Landlord shall PROMPTLY repair the damage, and Rent shall be reduced based on the extent to which the damage interferes with the Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made.
Submitted September 30, 2014 at 06:52AM by redditredo http://ift.tt/Zm2TQ7 renting
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