Glad I got a 7-month lease
From:
-Anonymous-
Date posted:
2/23/2007
Years at this apartment:
2006
-
2007
To reference a previous post: yes, you do get what you pay for. All in all, it wasn't the WORST experience...but it wasn't a GREAT experience.
1st: bats. Oh my gosh, never in my LIFE would I have thought I'd have a bat experience...MORESO, IN my apartment. Talk about being close to nature! Twice it occurred in my apartment. So, the management didn't disclose this information...so, you newbies, take heed and ask about the bat situation. In my case, the Apt Manager was "surprised" that I had bat incidents since "I lived at parking lot level." He added, "the problem usually occurs at the upper levels." What does this tell you' He knows about this stuff! Full disclosure...ensure the Apt Manager fully discloses such risks.
2nd: Noise. Goodness, no soundproofing whatsoever. The third floor people have got it made, they're lucky. Us ground floor and basement level people definitely heard the footsteps at all hours of the night. (Even the fart noises - sorry, had to add it...that was funny the first time I heard it.)
3rd: Construction. Notification of construction-related activities is required by law. (If you need the specific code, it is California Civil Code 1954 (d)(1) and (d)(3). (I'm not a lawyer, but look to the extent I had to go...I had to look up the law. Holy Schmoley!) And here's where I felt there was a violation of the code:
As defined in California Civil Code 1954 (d)(1):
(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable
notice in writing of his or her intent to enter and enter only during normal business hours. The notice shall include the date,
approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable
age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
In my perspective, Property Management failed to sufficiently provide the following:
1. No explicit statement in the notification that there was a need to enter the apartment
2. Less than Twenty-four (24) hours notice to when construction activity was to start
3. No notification that construction activity was to continue past the posted timeframe of activity and that additional entry into apartment was needed
As defined in California Civil Code 1954 (d)(3):
(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall
include the date and approximate time of the entry, which shall be within one week of the agreement. In this case, the landlord is not
required to provide the tenant a written notice.
Justification of perceived Violation of California Civil Code 1954 (d)(3):
As there was no explicit oral agreement between tenant and property management, this justification surrounds the supply of agreed services.
Property Management failed to sufficiently provide the following:
1. Obtain agreement from tenant to provide apartment services
2. Ensure reinstatement of all peripheral objects affected by the construction work to pre-construction order
...so, to sum up, this place definitely has its share of challenges. I weathered through it, and I found something better...so, hooray for me! :)
Good luck!
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