Some good news and some really bad news

  • We are currently upgrading MFK. thanks! -neo
IITUFFTOBEATII;1573336; said:
If you plan on renting after you are done living at your current residence, I dont suggest doing this, because there is plenty they can do if they choose to. Try to talk it out using valid legal arguments. Your land lord can change the terms of your lease, they just have to give it to you in writing with a certain amount of warning, usually in 30 day increments, so you could win the "its not in the lease argument" and they can change the terms and you could have a 125 for thirty to ninety days before you cant legally have it anymore. talk with your landlord about why they are limiting the size to 75 gallons, and try to put the landlords mind at ease; explain to them why an exception should be made for you.
This is only if its a month to month lease, so like I said, really there is nothing he can do about it, and he knows it too, because I am long term fixed lease, they would have to get consent from me first, which is why theres not alot he can do otherwise, however after it expires, they can change it, but not untill then. My parents run some rentals and honestly if you were thier tenant living on the first floor, they would care more about you actually paying then the tank size you have in it. However IITUFFTOBEATII is correct in saying they cannot just walk in on monthly checkups, unless it is written (which i doubt) its illegal and they should know it too. Although, if you plan on living there for awhile, it wouldn't be the best idea to throw whatever tank size you want in there because they will change it for the next contract if they allow you to stay.I don't plan on living here next year, so it does not matter in my scenario.
 
Aw, thanks for the advice and support, guys. I talked to her right before I left for work, pointing out that a limitation on aquarium size was never in the lease. Apparently, there was an addendum to the lease which I signed on January 23, 2008 as I was rushing to get ready for work, I just forgot about it. So, I really can't have a tank over 75 gallons, and really don't have room for more tanks. It's a tiny four room place, and we're already packed too tight as it is. I'm so bummed out.

I hate this place. As soon as my lease is up, I'm out. Management is only here three hours on three days a week. And when they are here, they're only here long enough to ruin things. They can be here to tell you that you can't have a big aquarium, but they can't be here to unlock the laundry rooms, or make sure the dumpster is emptied every week, or let the postal service in, or keep the damned brats next door from breaking into your car. I am a very angry woman right about now, if you can't imagine.
 
I have had worse, last year I was in class while my buddies went to look at an apartment for the following year for us, they had all of them sign a paper "to reserve it for us". No one read it to find out it was actually a lease. I went over and signed it between classes thinking out of the three of them one would have read whatever the hell it was (meanwhile thinking it looked suspiciously like a contract, found out after it was, my fault for not reading). Got out of it bc they had to renovate the apartment and complex they signed us for but still tried to tell me I was obligated to rent from them, of which I told them they were full of sh*t since it's not what I signed for, and if problem being, I would see them in court.
Lesson to be learned: Never sign without reading.
 
Oh, I read it, I just forgot I did. They have this habit of waiting until the "last day" to tell you that there's something for you to sign, or else you'll get kicked out. I was getting into my car to leave and the stupid woman runs up waving a file folder at me saying "You're usually so good about responding blah blah blah bs bs bs." They'll post things on your door like "Third Notice: Document X must be signed by 12pm today!" When you know full well it's the first notice and they're more than likely doing it to make it seem like you got 30 day's notice.
 
unannon;1573520; said:
This is only if its a month to month lease, so like I said, really there is nothing he can do about it, and he knows it too, because I am long term fixed lease, they would have to get consent from me first, which is why theres not alot he can do otherwise, however after it expires, they can change it, but not untill then. My parents run some rentals and honestly if you were thier tenant living on the first floor, they would care more about you actually paying then the tank size you have in it. However IITUFFTOBEATII is correct in saying they cannot just walk in on monthly checkups, unless it is written (which i doubt) its illegal and they should know it too. Although, if you plan on living there for awhile, it wouldn't be the best idea to throw whatever tank size you want in there because they will change it for the next contract if they allow you to stay.I don't plan on living here next year, so it does not matter in my scenario.

understand that civil code is a state affair and is different here than there; also have a copy of the california civil code, an explanation of the civil code for dummies, and some first hand experience. In california there is no difference between a month to month contract and a longer term contract, they can change the terms of the lease whenever they want with due notice, if it is not to the tenants liking than they can move, thats how it works here
 
How about a fixed lease though? does that means nothing there, or do they just not exist there? thats really effed up either way.
 
ok, if your a doomed to your contract because you signed the notice than move onto plan B

Does the landlord really know the difference between a 75 and a 90, a 90 and a 110, a 110 and a 125? Do you at a glance? How concerned are you about getting a good reference from her if things go bad?

I would still try to reason with her, if you are a good tenant with a good record and a clean residence try to talk her into making an exception for you, if she wont than kindly concede and get yourself a 75. when the 75 becomes too small get yourself something a little larger but aquascape it the same and use similar stand/canopy style.... upgrade over time and dont bring it up again, I'm sure that she will forget about it long before it becomes an issue.

and stop letting her crappy kids come over to see your fish
 
IITUFFTOBEATII;1572980; said:
just saw you are from socal, contact the california department of consumer affairs, they publish a guide to residential tenants and landlords rights and responsibilities, it outlines and explains the civil code. I have a copy I might be able to scan to pdf if you can't get a hold of one
Oh, thanks, by the way. I just thought it was really nice of you to offer. My mom was a paralegal for 13 years, so I told her about it, and she's been helping me out, but since there's an addendum, I guess that's it.

Off topic, but the link in your sig made me cry. There needs to be fair warning.:p We always neutered our dogs and spayed the one cat we had. There's really no excuse not to, especially out here. The local shelter will give you a $50 voucher to get it done and there's a lowcost animal clinic that does spaying and neutering for $50 less than an hour drive away. There is absolutely no excuse to ever hurt a living creature the way some of those poor things were hurt either.

IITUFFTOBEATII;1573934; said:
ok, if your a doomed to your contract because you signed the notice than move onto plan B

Does the landlord really know the difference between a 75 and a 90, a 90 and a 110, a 110 and a 125? Do you at a glance? How concerned are you about getting a good reference from her if things go bad?

I would still try to reason with her, if you are a good tenant with a good record and a clean residence try to talk her into making an exception for you, if she wont than kindly concede and get yourself a 75. when the 75 becomes too small get yourself something a little larger but aquascape it the same and use similar stand/canopy style.... upgrade over time and dont bring it up again, I'm sure that she will forget about it long before it becomes an issue.

and stop letting her crappy kids come over to see your fish

I'll see what I can do about upgrading. The thing is, I need a good reference from her, because this is the only rental history I'll have once I move (could be next january). I've lived here since before I was 18. I'm pretty sure she'll notice because she claims her late husband used to keep fish, which probably isn't true considering she brought her brat over to see mine. Also, the contract pretty much gives them the right to request the dimensions of the tank, as it has a stipulation about dimensions and gallonage both not being over a certain limit. I don't want to hunt up my copy now, but I'll try to find it so I can see what I have to work with.
 
unannon;1573929; said:
How about a fixed lease though? does that means nothing there, or do they just not exist there? thats really effed up either way.

they do, you can have a month to month lease or a 5 year lease, and everything in between. But there are laws to protect both the renter and the owner. put yourself on the otherside, say you are the owner and your adjustable rate mortgage just increased because of the market, so you would like to increase the rent by some percentage to help make up the difference. this is perfectly reasonable if you are the owner but outrageous if you are the renter, CA civil code allows it with due notice, in this case i believe its either 30 or 90 days (dont know off the top of my head). Now if you are in a long term lease this changes the contract so you have the option to either except it, or the original contract is void and you can move out with out breaking the lease...

The law does kind of favor the owner since they can change the contract at will with little ill consequence, whereas if the tenant tries to change the contract they risk eviction or credit damage, but this is one of the privelages that comes with ownership and I'm sure your parents would agree that this is not necessarily a bad thing

**edit

Consider this, if month to month leases were treated differently than long term leases, owners/property managers would only offer month to month, and renters would only seek long term contracts..... this is why they are treated the same, to level the playing field
 
>:(;1573941; said:
Oh, thanks, by the way. I just thought it was really nice of you to offer. My mom was a paralegal for 13 years, so I told her about it, and she's been helping me out, but since there's an addendum, I guess that's it.

Off topic, but the link in your sig made me cry. There needs to be fair warning.:p We always neutered our dogs and spayed the one cat we had. There's really no excuse not to, especially out here. The local shelter will give you a $50 voucher to get it done and there's a lowcost animal clinic that does spaying and neutering for $50 less than an hour drive away. There is absolutely no excuse to ever hurt a living creature the way some of those poor things were hurt either.



I'll see what I can do about upgrading. The thing is, I need a good reference from her, because this is the only rental history I'll have once I move (could be next january). I've lived here since before I was 18. I'm pretty sure she'll notice because she claims her late husband used to keep fish, which probably isn't true considering she brought her brat over to see mine. Also, the contract pretty much gives them the right to request the dimensions of the tank, as it has a stipulation about dimensions and gallonage both not being over a certain limit. I don't want to hunt up my copy now, but I'll try to find it so I can see what I have to work with.

I love the video in my sig, i try to watch it often and others like it to keep me in the real world. I am glad you watched it, if only one out of a million people who visit this site ever see it, its worth it to me!

Maybe ownership of the property will change hands again soon....

If you are moving as soon as next january then make due with the 75 gallon limitation as best you can and try to move to a place that doesnt limit you. When i signed my current lease and we paid the pet deposit for our dog i asked about my aquarium, they said that it was a non issue, I asked if size mattered because i had a 240 gallon tank at the time, they said it didnt matter. the property manager came over several times and loved the 120 inside the front door, and the 240 in the dining room. He hasnt seen the 520 i replaced the 240 with, or the (6) 75's in the garage yet, but I dont think he will mind.

Try to find a place that allows water beds and dont mention fish tanks, and see if having renters insurance changes anything
 
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