Newbie here and certainly one from the other side of the fence... but I like getting an "informed" perspective when I have a problem.
I hope you guys will read this and give me your thoughts.
First - a bit of background:
My husband and I are what (we believe) most landlords would consider dream tenants. Seven years in place, never late on the rent (not even once!). We do small repairs ourselves and have kept the place up very, very well. Even making substantial improvements to the landscaping - just b/c we live here and wanted to love where we live.
Until the last couple months - we had a GREAT relationship with the landlord. She adored us and left us alone. The latter part is really all we much cared about.
But then we went and bought a house... gave her three months notice... and she has had plenty access to the house to inspect it and declared "no damages".
But... it's been seven years so the landlord wants to replace the carpet, linolium, paint - which is all great for whomever is next...
...Except... she's bound and determined to have it done before we leave. Point in fact, we've bent over backwards to be here so she could get in and snoop looking for problems on numerous occasions over the last few months... but recently she's called us while we were out (from our driveway) telling us that she needs to "Get in NOW!" - demanding that we return to accomadate her.
And now she wants to parade contractors through our home (which we have paid for through the end of the month) to get estimates on upgrades - and start the renovations before we go (while boxes are stacked floor to ceiling, etc., etc., etc.)
It came to a head last week - and this Friday she posted our front door indicating yet ANOTHER inspection. She showed up, picked a fight, and said that - despite our protests - she would come in when we were not here, bringing whomever she wanted (meaning contractors) through without our knowledge - and that was that.
We told her that was breaking and enetring and she said "Call it whatever you want."
We asked her to leave and she refused. We had to threaten to call the cops.
So... we've had to move some property out of the house (highly portable, very attractive valuables) b/c we are taking her at her word that she's going to B&E the place.
My question is... what do you guys think... and can this be construed as "constructive eviction"?
Please read the following link and find out within your own county or State what the guidelines between Landlord and Renter are. I rented most of my life, own a home today, but I had most of these laws drilled in my head. It even came down to videotaping the rental before I left. Think Im kidding. When I first came up to Sacramento had a landlord tell me that they were taking all of my deposit because the house was not clean to there standards, so they had to reclean the property. We set up a camera at our neighbors apt across the way and let it roll and caught the cleaning lady spending time smoking and talking on the phone. They charged us 350.00. We showed them the tape and they stated that it would never hold up in court. Being poor college students my girlfriend and I used our word of mouth and told everyone around the complex of what had happened and what to do. Since than we have friends still calling us about rental agreements. Anyways here is the link
http://www.dca.ca.gov/legal/landlordbook/2004_companion.pdf. for California. Good luck and get an attorney or just be happy that in less than a month you will be in your own house and call yourself a "homeowner." CONGRATS!!
Btw: Um...errr.welll..if you want a second opinion on your current loan and rate I would be more than happy to help you with this. (just had to plug that in there :goofy: )
I'm a bit surprised that your lease doesn't have specific clauses for preparing and showing the property prior to you leaving. I know ours has this, and if not your landlord has a problem. Clearly if you didn't give them permission to do this, it would (to me) appear to be a violation of the lease agreement. But its all about your agreement and the rules of the state that you are in.
BTW, I'm not an attorney so don't construe this as legal advice.
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