Legal Question in Real Estate Law in California
the property manager on my comercial lease is threatening me with a 3day notice to pay or quite. the person I deal with at the managment company has been verbally abusive on more than one occation and does not respond to the maintaince issues that i have in my unit. due to the economic changes they granted other tennats rent reduction and I also requested one and was also granted this, she sent me confirmation in writting but when she didn't send out the paper work as customary I was not surprised but concerned. then i got my rent bill with a higher amount then even from before and i was totally confused. I called to tell them i wanted to have a meeting and speak to them regarding this matter and now she stop returning my calls and took on a hitler style of intimidation. i requested to speak to the owner/landord and they refuse to grant this. as a mater of fact the only time they communicate with me is when i'm late and now they are serving me with a 3 day notice.
don't I have any rights? I dont' know what to do. there is definately maintace issues and unfair treatment between tennats and on top of this the unneccesary language and inability to communicate has put me in a terrible position.
2 Answers from Attorneys
Yes you have rights, but never having seen your lease, and with the lack of detail and clarity in your description of the situation, I could not begin to guess what your rights are. What I can tell you is that if you do not pay at least the undisputed rent due, they can evict you and all your other rights go out the window. I suggest you meet with an attorney and go over your situation. I maintain an office in San Jose to meet with my Santa Clara County clients, and would be happy to arrange an initial consultation with no obligation.
You might ask a few other tenants why they think the management company has singled you out for this kind of treatment. See if they have solved similar maintenance issues, and how. Going into negotiations with an idea how the other party perceives you is usually helpful.
With all the commercial vacancies around the Bay Area, I'm surprised at this - although I hear the market in parts of Santa Clara County are getting pretty strong.
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