A landlord rents a brand new free-standing condominium in an upscale neighborhood to a single professional for one year on a CAR form lease. The landscaping is not complete and some of the finishing touches of the house are not complete. The landlord provides a written amendment that, among other things, reduces the rent by roughly 10% until the landscaping is 90% complete. There is no further definition of this provision.
When the tenant moves in, a number of serious negative things happen almost immediately, having nothing to do with landscaping, though that is still an issue. The tenant demands that the problems be fixed and the landlord waffles on some of the requests and refuses others almost completely. The tenant pays for portions of the cost of fixing the problems, unrelated to the landscaping. Two persons intervene for the landlord and both are combative to the tenant and unsuccessful in solving the problems.
The person doing the landscaping is threatening at best. The landscaping plans are changed and extended dramatically requiring permits which are never obtained. There was no way to measure when the landscaping would have been "90%" complete and it was nowhere near 50% at the time the tenant gave notice. After an in-person meeting one month into the tenancy, the tenant gives notice 60 days after the lease began. Suit is threatened by the landlord and mediation is demanded and held. The case settled for significantly less than one month’s rent. The tenant had several ways to pursue the landlord successfully, but declined to do so.
It is important to be aware that amendments to leases, even CAR forms, need to be specific. It is also important to note that the CAR forms do not "lock a tenant" into a bad and or unlivable situation. Tenants can and should, if they have the facts, be prepared to pursue the landlord when the factual pattern is present to justify the tenant’s vacating the premises, and attorney fees may be recovered.
When the tenant moves in, a number of serious negative things happen almost immediately, having nothing to do with landscaping, though that is still an issue. The tenant demands that the problems be fixed and the landlord waffles on some of the requests and refuses others almost completely. The tenant pays for portions of the cost of fixing the problems, unrelated to the landscaping. Two persons intervene for the landlord and both are combative to the tenant and unsuccessful in solving the problems.
The person doing the landscaping is threatening at best. The landscaping plans are changed and extended dramatically requiring permits which are never obtained. There was no way to measure when the landscaping would have been "90%" complete and it was nowhere near 50% at the time the tenant gave notice. After an in-person meeting one month into the tenancy, the tenant gives notice 60 days after the lease began. Suit is threatened by the landlord and mediation is demanded and held. The case settled for significantly less than one month’s rent. The tenant had several ways to pursue the landlord successfully, but declined to do so.
It is important to be aware that amendments to leases, even CAR forms, need to be specific. It is also important to note that the CAR forms do not "lock a tenant" into a bad and or unlivable situation. Tenants can and should, if they have the facts, be prepared to pursue the landlord when the factual pattern is present to justify the tenant’s vacating the premises, and attorney fees may be recovered.
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