HOA ripped out kitchen! Owner denies responsible for loss-of-use!

Los Angeles County, California
General Landlording & Rental Properties
4yFollow

HOA ripped out kitchen! Owner denies responsible for loss-of-use!

Jonn Vidal
Bel Air, CA · Member since 2017 · 165 posts · 47 votes
Last Friday, HOA ripped out rental condo's kitchen for repairs between upstairs and belows units; landlord/owner also denies compensating for anything, won't even reimburse for food!


Moved into condo rental fall 2021. Jan 2022 neighbors below left typewritten, signed letter that they have water damage from a leak above. HOA investigated, found leak is from the unit above us, not our unit. (Unit above us has always been for sale since we moved in, but there's people walking around up there daily.)

Anyways, last Friday HOA came and demolitioned kitchen saying they are replacing pipes and rotted wood between upstairs and downstairs units. They plugged in a huge noisy heater-fan thing into OUR electric which has been running continuously all weekend day and nite so far.

They also SEALED off  kitchen completely with opaque tarps, duct tape and zippers like a hazmat/quarantine scene! Whatever they are doing is heating up entire condo like an oven. Cannot see into the kitchen from condo, but saw all the cabinets, sink, everything outside near dumpster, and wall excavated so u can see into the (barren) kitchen from outside, and waters from our fridge lying around empty.They are not offering ANY compensation; referring to get renter's insurance, and say will be done in just a 'few' days more.

Spend over 120/day on bfast, lunch, dinner, beverages, snacks. Plus the electric bill may be a huge surprise next. Rent is $2100/mo. Lease is just a year, but don't have the funds to pay for moving, deposit, etc all over again so soon. Were planning to renew but at this rate may have to move due to artificial heat and no kitchen! Asked for any credit at least for food, but landlord, which is a corporation, refused.

What legal options exist in California? Lease does not address loss of use; how long does one have to be without any access to a kitchen for some sort of report to be filed? It does not appear they have any permit to have demo'd & hopefully replace the kitchen, yet that seems what they are doing!

0Reply
40 views

Most Popular Reply

Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y
Quote from @Jonn Vidal:

*I should have mentioned it's a 2bed 2bath (and currently 0 kitchen) condo with occupancy of 2. 

thanks John, Greg, et al!

Don't have renters insurance policy =( 

How can we find out the unit above's coverage? Since it's been listed for sale since at least last year, am worried its owners don't have a policy!


I agree with the others. If the leak is inside the walls, it's probably an HOA responsibility. If it was inside the upstairs unit (e.g. leaking toilet) then it would be that owner's responsibility.

You are not responsible, and neither is your Landlord. However, your Landlord or Property Manager should be helping you navigate this and seek compensation. I would start by talking to your owner. Explain the situation, the additional costs, the heat, the lack of a kitchen, the noise, the dust, etc. See if the owner will work with you to seek compensation from the HOA or Owner of the other unit. If not, pursue it on your own.

If you don't get any response from them, I would contact an attorney and let them pursue this for you. TAKE PICTURES of everything, from every angle. Keep a journal of when they notified you, when they started demolition, what hours of each day they are working, temperature in the unit, notes on conversations, copies of all emails, letters, phone conversations, etc. He who has proof, wins.

The DIY Landlord Book4.7245 Reviews
WebsiteView Page
3Reply
See this reply in the discussion

8 Replies

Jump to latestLatest
  • John Clark
    Member since 2018 · 1k+ posts · 1k+ votes
    4y

    First, check with your renter's insurance policy company regarding claims and reimbursement.

    Second, see a lawyer about a breach of your rights. Don't let landlord tell you to contact homeowners' association and vice versa. My motto: Sue 'em all and let God sort 'em out.

    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    4y

    Contact the insurance company of the unit above. They are the responsible party.

    Good luck claiming $120/day in food expenses if that was only for you. No one is going to compensate you anything close to that. 

    2Reply
  • Jonn Vidal
    OP
    Bel Air, CA · Member since 2017 · 165 posts · 47 votes
    4y

    *I should have mentioned it's a 2bed 2bath (and currently 0 kitchen) condo with tenancy & occupancy of 2. 

    thanks John, Greg, et al!

    Don't have renters insurance policy =( 

    How can we find out the unit above's coverage? Since it's been listed for sale since at least last year, am worried its owners don't have a policy!

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y
    Quote from @Jonn Vidal:

    *I should have mentioned it's a 2bed 2bath (and currently 0 kitchen) condo with occupancy of 2. 

    thanks John, Greg, et al!

    Don't have renters insurance policy =( 

    How can we find out the unit above's coverage? Since it's been listed for sale since at least last year, am worried its owners don't have a policy!


    I agree with the others. If the leak is inside the walls, it's probably an HOA responsibility. If it was inside the upstairs unit (e.g. leaking toilet) then it would be that owner's responsibility.

    You are not responsible, and neither is your Landlord. However, your Landlord or Property Manager should be helping you navigate this and seek compensation. I would start by talking to your owner. Explain the situation, the additional costs, the heat, the lack of a kitchen, the noise, the dust, etc. See if the owner will work with you to seek compensation from the HOA or Owner of the other unit. If not, pursue it on your own.

    If you don't get any response from them, I would contact an attorney and let them pursue this for you. TAKE PICTURES of everything, from every angle. Keep a journal of when they notified you, when they started demolition, what hours of each day they are working, temperature in the unit, notes on conversations, copies of all emails, letters, phone conversations, etc. He who has proof, wins.

    The DIY Landlord Book4.7245 Reviews
    WebsiteView Page
    3Reply
  • Andrew B.
    Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    4y

    Honestly, this shouldn't be landlords problem but I'm disgusted that they are leaving you high and dry with no help. Since your in California, find a local tenancy group that helps tenants sue their landlord and tell them you have no kitchen. At the bare minimum, you shouldn't be paying rent for days with no kitchen. Ideally, you should be relocated during the repairs. 

    1Reply
  • Jonn Vidal
    OP
    Bel Air, CA · Member since 2017 · 165 posts · 47 votes
    4y

    Thanks guys!

    HOA told me to ask landlord for rent credit for purchasing prepared meals duration of repairs, and that though they demo'd our kitchen, they are currently only in the 'bidding' process to rebuild.

    So upon going back to landlord (an RE management co) saying HOA won't compensate either, landlord now says they received a complaint that someone is smoking on balcony, yelled 'shup up' to a neighbor, and that are required to have renter's insurance as part of lease, which would supposedly cover the loss of use of kitchen due to HOA repairing leaky plumbing in walls between unit above and below.

    Asked them for a reference to the lease requirement for insurance and a copy of the warning since didn't get any nor notice the visitor who does vape actually do it on the balcony. But the timing of this alleged warning is quite suspect! Alas, time.. to start documenting every little interaction indeed!

    0Reply
  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    4y

    1. Who is HOA, who is HOA manager, who is the master insurance policy #/ email the neighbors know who are owners they can provide

    2. Landlord has HO6 walls in policy who is that agent/policy#/email

    HOA even if an emergency had to notify you in advance. This is a leak that has been ongoing for months/ years. Disconnect the heater fan from your utility now, even if to turn power off for a week. Let the Remediation company put the electric on their dime, get the name off the trucks and start emailing them. HOA should have made arrangements with you weeks in advance. No one calls a plumber and the demo team to take a sledge hammer and start work. They need permits, contact the city planning to find out tattle on them process. https://planning.lacity.org/co... You are entitled to be put up in a like kind hotel or ask for the cost of the hotel to start now. EMAIL TRAIL to everyone keep records of their silence even. Even if you had renter insurance it would not cover loss of use, it covers nominal personal property. All these yahoos in your home are a nuisance, can be harmful dust if older building, disturb your work from home, ... Who is listing agent in MLS add them to your emails, start calling them, get the name of the owner and their email. Photos of everything save in the cloud, watch for stealers in your house, document

    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    4y

    @Jonn Vidal regardless of HOA or landlord responsibility you have loss of use. If that continues beyond a few days in most states you will have some diminishment of use options with your landlord because you have less space. Check your lease, go to your rental insurance. You will need to deal with the landlord, they get to solve things with the HOA. Keep in mind the landlord is a member of that HOA despite the seeming lack of power on his part. You can also consult an attorney who might advise you on what to do with you rent while repairs are occurring if they take a long time.

    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free