Right to Quiet Enjoyment

[Anywalk83]

Jurisdiction

California

I want to know if my situation falls under the "Right to Quiet Enjoyment". I am currently renting a studio apartment in CA with my boyfriend. About six weeks ago we were told that some work would be done in the parking lot and were asked to park a little farther back in the parking spaces effected by the work. At the time we were told the work would only take a couple weeks. Six weeks later it is still on going and we have had the following issues during this entire six week ordeal. I had trouble a couple times parking in my spot due to equipment, tools, and/or piles of dirt. Our place does not have guest parking or street parking. There were many occasions of the water being shut off without notice or way longer than the notice stated. They have also entered our apartment without notice on a few occasions. Several times we were notified that someone would be entering the premises, but no one showed up to do the work. There have been days they worked until 7pm stomping around on the roof as they complete their work. My apartment is now covered in black grease finger prints and smudges althroughout the kitchen and bathroom where their work was done , putting in new water lines. My rug was ruined from some huge black stain that I have no idea what it is. During this time they also had the sliding glass doors replaced on the patio. And was missing some part for the screen door so I had a huge screen door leaning up against my wall for 2 weeks. This is a studio apartment so it's pretty small. Sorry for the length I am just really frustrated and would like to know if there is anything I can do. I can't afford to move out so I want to find a way to make it work. they are supposed to be done soon with everything, but I have been hearing that for weeks.

 

[Michael Wechsler]

What you describe might be considered a breach of your lease agreement. It's impossible to say without seeing your residential lease. However it is important for you to read your lease agreement, especially the parts that are usually contained in many rental agreements which speak to terms you mention such as the landlord's right of reasonable entry, parking, etc. If what you describe is an inconvenience rather than a material breach of the agreement, you might be entitled to an abatement of the rent. Regardless of what this may be, you must notify the landlord in writing as soon as possible so as to place the landlord on notice of these issues and begin to discuss an appropriate remedy, if any. If you speak by phone you should note the time and date and send a follow up confirmation letter by mail to the landlord stating the contents and conclusions of your conversations.

For example, if parking is unavailable in the vicinity of the residence and it is to be provided under the lease, that may be a material breach. But perhaps the landlord is able to accommodate you - we don't know - and typically rental agreements provide a party with the ability to "cure" or fix the breach of the lease by that party.

So in short, complaining here does nothing. Begin a conversation and take notes and create a paper trail. Good luck.