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-   -   I want to advise my co-tenants not to shoot themselves in the foot - how? (https://britishexpats.com/forum/usa-57/i-want-advise-my-co-tenants-not-shoot-themselves-foot-how-916120/)

catlover3 Aug 15th 2018 5:00 pm

I want to advise my co-tenants not to shoot themselves in the foot - how?
 
We've been here (California) a couple of years now, but we recently took on (rented) a property with a guest house on it with a recently arrived (3 months ago) couple (its one lease for a main house and back house).My partner and I live in the main house and the other two live in the guest house.

There is a pipe blockage situation in the guest house, which the landlord has attempted to repair once, but is still leading to some sewage overspill and smell, upsetting the guest house tenants.

Their response: they have refused to pay the rent! Apparently, this is common in Germany (where they lived before), but how can I advise them that that is the worst course of action in this highly litigious state?
Add to which, they have a precarious enough situation as it is (B1/B2 visas, but one has no employment), a cat and a dog, zero credit history... finding an apartment here is not easy with those credentials.

I feel like they are shooting themselves in the foot by doing this and I don't want to sound condescending to say that maybe its a cultural adaptation thing.

Anyway, I don't need legal advice, I'm just worried that they are expecting things to be like home and it will hurt them moving forward.

Noorah101 Aug 15th 2018 5:25 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
How can you advise them? Simply by talking to them and explaining how it works in the USA. Other than that, it's between them and the landlord.

Rene

mrken30 Aug 15th 2018 5:33 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
If this constitutes a habitability issue, they may be able to withhold rent or use rent money to pay for the repairs. However legal advice is highly recommended as landlord/tenant law changes often. California is a pro-tenant State.

catlover3 Aug 15th 2018 5:34 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
Yeah, when I did that, I got a look that indicated I was being condescending because I've been here longer than them. I wonder whether I should direct them to a lawyer who will say the same as me, but maybe with more authority.

You're right though, it is not really up to me.

As a side note, they also complained about the heat! And I was like: well, you did move to Southern California! I know its hard to adjust to that though!

spouse of scouse Aug 15th 2018 5:40 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 

Originally Posted by catlover3 (Post 12548883)
Yeah, when I did that, I got a look that indicated I was being condescending because I've been here longer than them. I wonder whether I should direct them to a lawyer who will say the same as me, but maybe with more authority.

You're right though, it is not really up to me.

As a side note, they also complained about the heat! And I was like: well, you did move to Southern California! I know its hard to adjust to that though!

It's very nice of you to try to help them. If they refuse to listen, more fool them.

catlover3 Aug 15th 2018 5:48 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 

Originally Posted by mrken30 (Post 12548882)
If this constitutes a habitability issue, they may be able to withhold rent or use rent money to pay for the repairs. However legal advice is highly recommended as landlord/tenant law changes often. California is a pro-tenant State.

Thats interesting. I didn’t know that. Maybe they should ask the landlord if they can pay for the repair and use the rent money to do that. I think that might be a German way of doing things - they could go for that! I’ll advise. Thanks.

PC01 Aug 15th 2018 5:59 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
I feel like putting what you've written here into a letter and making it clear that you're concerned for their continued well being should be enough. That said, what they're doing constitutes a civil matter and as far as I know, it shouldn't affect their immigration status, but yeah, it's a tightrope and it's never good to rock the boat. Far better if you told them how to go about properly taking action rather than telling them what action they are currently taking will land them in hot water.

catlover3 Aug 15th 2018 6:07 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
Thats a good approach. Thanks. Yes they did indicate they want to apply for a green card and to buy a house here (if they can’t get used to the heat). I don’t know about immigration status but a civil suit can’t possibly help them achieve those goals. I’m going to try to craft an email to them today

PetrifiedExPat Aug 15th 2018 6:26 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 

Originally Posted by PC01 (Post 12548895)
I feel like putting what you've written here into a letter and making it clear that you're concerned for their continued well being should be enough. That said, what they're doing constitutes a civil matter and as far as I know, it shouldn't affect their immigration status, but yeah, it's a tightrope and it's never good to rock the boat. Far better if you told them how to go about properly taking action rather than telling them what action they are currently taking will land them in hot water.

Do not put ANYTHING in writing. In fact, do not even get involved to the OP.

mrken30 Aug 15th 2018 6:34 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 

Originally Posted by catlover3 (Post 12548891)


Thats interesting. I didn’t know that. Maybe they should ask the landlord if they can pay for the repair and use the rent money to do that. I think that might be a German way of doing things - they could go for that! I’ll advise. Thanks.

Landlord/Tenant law is very State and sometimes city specific.

Alan17 Aug 15th 2018 6:54 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 

Originally Posted by catlover3 (Post 12548862)
B1/B2 visas, but one has no employment

Which implies one is working on a B1/B2. Theres one way to get rid of your problem.

Giantaxe Aug 15th 2018 7:08 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 

Originally Posted by mrken30 (Post 12548903)
Landlord/Tenant law is very State and sometimes city specific.

Indeed. I would tell these people, if they live in a locale with one, to go and get advice from a tenant's union. They will often give free one-off advice on situations like this. I am also pretty sure it's CA state law that if the landlord doesn't fix a habitation issue, the tenant has the right to use rent money to fix it. And this person should definitely be keeping a contemporaneous diary of all this.

catlover3 Aug 15th 2018 7:23 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
I’ll be saying all this. Thank you! I just found a local tenants union that has surgeries on Wednesdays! I’l forward it now.

My visa description was wrong, I meant H1b and whatever the partner gets. Basically his employer transferred him which now makes me think they should approach the employer who helped them to move for advice.

Octang Frye Aug 15th 2018 7:41 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
How are they on B1/2 and working? Visa overstayers and people working illegally grinds my gears.

catlover3 Aug 15th 2018 7:58 pm

Re: I want to advise my co-tenants not to shoot themselves in the foot - how?
 
Oh it was just my mistake. It’s an employer transfer with a huge German company, the most famous one (wink) so I think it’s all legit.


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