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Sent landlord a letter of complaint/relief ( demand) for false rep. of habitability and retaliation. their attorney called me??

San Francisco, CA |

so when i moved in i made several things clear, i was looking for a completely smoke free environment and good wifi. i was promised people didnt smoke in this multi unit building. however, after a a month then two months pass, its become very obvious management lied as i smell smoke drifting heavily multiple times a day. their wifi is so slow it barely loads Facebook(a struggle) and after sending in multiple respectful complaints, they posted a note threatening tenancy for everyone to see on my door the morning after my rent due date. ive always paid two days after my due date, on payday. theyve never said anything about it before

yet now that ive made detailed complaints, listing tenants ive witnessed smoking, they are causing me problems. THERE IS A WRITTEN NO SMOKING POLICY MIND YOU. they have refused to confront the tenants, and they have not posted notices on their doors. ive kept a close eye and ear out. i have had other issues, such as short office hours in the building that conflict with work schedule, and we have to ask office clerks for mail, i had to have a phone outlet installed which is required in all living units by law. Anyways, as several other things were listed, i simply asked for a return of two months rent for the time these things escalated, and offered several solutions to help the issue of smoking. i delivered the letter to my landlord in the office on my way out to work, assured him rent would be paid tomorrow, as always , and then his attorney left a voicemail saying she wanted to discuss the matter with me on the phone. HOW DO I HANDLE THIS? she describes herself to work aggressively on her site.

Attorney Answers 3


  1. It sounds like the landlord wants to resolve the issues you have. Your choices are to either return the attorney's phone call yourself, or hire your own attorney to contact the landlord's attorney.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.


  2. You need to either call the landlord's attorney yourself or get yourself an attorney who will deal with the landlord's attorney. It might be in your best interest to have an attorney, as you may feel pressured by the landlord's attorney, and you may or may not know your rights in this situation. You may be at a disadvantage speaking with the landlord's attorney. You should also think about how you want the situation resolved, and have some suggestions before you speak to the landlord's attorney.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose.


  3. my guess is lawyer wants to know when you're moving ... sounds like resolution will be You moving out what would be fair might be some payment to you for moving expenses or rent abatement ... good luck

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!

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