Apartment laws

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Old May 2, 2008 | 02:43 AM
  #1  
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Apartment laws

So I'm really pissed right now... Got a letter from our property management for our apartment saying they are approved for a tax credit to remodel our complex (Great), but it only applies to people who qualify for low income and if you don't you have to move out (BAD).

So on normal circumstances (being that you were a tenant for a while) it wouldn't be so bad, but we just moved in 2 weeks ago!!! Why the Hell were we not told the complex would undergo renovation for low income when they had to check our credit to see if we even qualified to move in in the first place?

Does anybody know about tenant laws to help???

BTW- I live in California (somebody's got to be able to help us sue)
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Old May 2, 2008 | 03:03 AM
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They can only kick you out once your lease is broken.
My friends apartments turned into condos and the people who bought hers had to wait till she was gone, so she paid rent to them till her lease was up.
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Old May 2, 2008 | 03:32 AM
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our lease is only month to month
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Old May 2, 2008 | 04:43 AM
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Originally Posted by T-Mac
our lease is only month to month
I'm guessing you have two weeks to find another place then.
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Old May 2, 2008 | 06:22 AM
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Originally Posted by T-Mac
our lease is only month to month
Yep youre SOL
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Old May 2, 2008 | 09:10 AM
  #6  
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Yep, month to month leases work both ways.
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Old May 2, 2008 | 10:00 AM
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They have low income housing in Silicon Valley.. ? Is that like for people that make less than 80k a year?

Definately demand your deposit and last months rent since this is total BS..
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Old May 2, 2008 | 10:54 AM
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What's this tax credit for renovations? I own an apartment building in my city and haven't heard anything like that.

I know in my city, the local gov't (city) offers loans to remodel/renovate/fix up properties, granted you jump through the right hoops. But I didn't know you can get a tax credit to do it. If I did it with my own money, I can write off or depreciate the cost depending on what was done, but I never heard that you can get a tax credit for it.
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Old May 2, 2008 | 02:22 PM
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Originally Posted by mrdeeno
What's this tax credit for renovations? I own an apartment building in my city and haven't heard anything like that.

I know in my city, the local gov't (city) offers loans to remodel/renovate/fix up properties, granted you jump through the right hoops. But I didn't know you can get a tax credit to do it. If I did it with my own money, I can write off or depreciate the cost depending on what was done, but I never heard that you can get a tax credit for it.
Yes, the Tax Credit is for renovations...the letter even specifies that it is not HUD. Are they just BS us to try to get better apartments or make money from us? Do you think we have a winnable case(s)?
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Old May 2, 2008 | 02:30 PM
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INAL, but I believe they need to give you 30 days notice before you need to move. You do not have to give them permission to enter the property to do the upgrades before you move out. However, I don't think you can fight having to move out because you are month to month and have just moved in. It would be different if you had been there longer. It sucks, but I don't think there is much you can do about it.
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Old May 2, 2008 | 02:48 PM
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Originally Posted by moeronn
INAL, but I believe they need to give you 30 days notice before you need to move. You do not have to give them permission to enter the property to do the upgrades before you move out. However, I don't think you can fight having to move out because you are month to month and have just moved in. It would be different if you had been there longer. It sucks, but I don't think there is much you can do about it.
So the whole moving out isn't really that big of a problem, just the fact we had to spend quite a bit of money to move in and the time and headache of it all. The only thing we want is money to be able to move out.
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Old May 2, 2008 | 03:08 PM
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I think because your lease is month-to-month, they can do this to you. Had you signed a lease (ie contract) for a year, it would've been different and they can only ask you to move out and compensate you if you did, but because you are month-to-month, they have the right to evict you at the end of that month or whenever each 30-day period ends. There are laws that vary by location, but my rule of thumb is at least 30 days from date of notice (when they actually receive a letter) before a tenant must vacate. And if the lease is due to expire, whether month to month or annually, the landlord has a right not to renew your lease without giving you any reason, granted he still gives you the required prior notice.

But that's the risk/reward people take when they go month to month...they can leave once their lease expires that month, but the landlord can also refuse to renew their "monthly" lease at the end of the month.
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Old May 2, 2008 | 05:09 PM
  #13  
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From: Los Angeles, CA
Originally Posted by mrdeeno
What's this tax credit for renovations? I own an apartment building in my city and haven't heard anything like that.
This is likely a state (of California) program administered by Santa Clara County, not a federal program.
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Old May 3, 2008 | 01:03 AM
  #14  
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From: Central CA
Originally Posted by T-Mac
So I'm really pissed right now... Got a letter from our property management for our apartment saying they are approved for a tax credit to remodel our complex (Great), but it only applies to people who qualify for low income and if you don't you have to move out (BAD).

So on normal circumstances (being that you were a tenant for a while) it wouldn't be so bad, but we just moved in 2 weeks ago!!! Why the Hell were we not told the complex would undergo renovation for low income when they had to check our credit to see if we even qualified to move in in the first place?

Does anybody know about tenant laws to help???

BTW- I live in California (somebody's got to be able to help us sue)
You should be able to find your answer here. (I think the Cliff Notes version is "You Are Screwed"). Check it out for yourself.


http://www.dca.ca.gov/publications/l...oduction.shtml
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Old May 3, 2008 | 07:54 AM
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You could try to get them to pay your moving costs. If they won't you can try a conciliation case (pretty cheap so depending on how much your moving costs are it might be worth a try). You never know, you might get a sympathetic judge/magistrate.

Argue that by accepting the lease there was an implied guaruntee of a reasonable duration and 2 weeks certainly is not a reasonable period.
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Old May 3, 2008 | 02:03 PM
  #16  
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From: Lower Nazzie, Pa
I have a couple renting an aprtment from me with a lease ending the end of this month. I gave them a letter that I would not be renewing their lease for various reasons, none of which is stated on the letter, but told them why in as a polite manner as possible. Basically, they are the only trouble tenants I have. They pay their rent on time every month, but they are constantly fighting and yelling, and everytime i'm there to collect rent I feel like I'm gonna get high from the 2nd hand pot smoke. Further, the cops have been called out there 3-4 times this past year, and according to the laws around here, the people who called the cops on them can actually press charges against ME if I don't evict them after the 3rd time. It hasn't come to that yet, but I basically don't want them there anymore. They are in their late 30's, so it's not like they're young kids partying either, they are more or less white trash.

But I gave them the last month free to help them secure another apartment because I knew they would not be able to move out otherwise, and it would be much easier for me to give them the last month free and than me pestering them after 30 days and have to go to court and yada yada yada.

And the condition my market is in, I know I can rent it out again in a matter of no time, so it's not a big loss if it works. I already have someone in line, and 2 more people in line after that in case the first prospective falls through.
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Old May 7, 2008 | 02:01 AM
  #17  
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Thanks guys...I talked to my attorney and he thinks we can get at least our moving costs.
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