Being reasonable but not allowing myself to be ignored or bullied. Part 2.

The heat was finally fixed on Thursday evening. Evidently, not only was the boiler for our part of the building a problem, but also the starter for our unit. So 4, going onto 5 days, without heat during one of the few weeks of the year we really needed heat in LA.

We finally were given a space heater on Wednesday evening, after my more demanding email and a phone call which didn't mask my agitation.

I was sent an email Friday morning asking to confirm if the heat had been fixed. I replied that the heat is working, it was out for 4 days and what accommodation was going to be made for that?

In response, the management company turned it over to their attorney who responded Friday evening with:

I represent your Landlord... and your file has been referred to me.  As you have been made aware the main boiler... for the heat went out and the Landlord as quickly as possible replaced the boiler at great expense in an extremely timely manner.  After the boiler was replaced your heat was still not working and the landlord sent a technician out to diagnose and fix the problem which you admit  the heat was only out for four days.  The Landlord acted reasonably and diligently in repairing the problems as quickly as possible and therefore your request for accommodation is being denied.

Furthermore your lease expires March 31, 2018.  Please let me know what arrangements you have made to vacate at the expiration of your lease.

Boiler replaced at great expense? Am I to be grateful that they made a capital improvement to their building that they also should have had been able to forecast the timeline of the life of such equipment?

Only 4 days? Part of what makes our apartment "cool" are the wall of windows across the front, the large windows on the side and large skylight in the front room along with very high ceilings in a post industrial building. It is also what makes such a unit easily cold. I work from home and could not do so when it was hovering under 60 degrees by my desk. I can't type with coats and gloves on...

Our lease provides for temporary relocation in the event of certain circumstances, loss of heat being one of them. This was not something we sought from the management company. But perhaps some rent reduction? At least an apology. Certainly not intimating tactics.

The precedent is well set that all leases here automatically go month to month. In my experience, not only as a tenant, but as a Realtor and landlord in the past, that is the case almost everywhere, at least in LA.

I replied to the attorney:

Your bullying tactics are counterproductive to resolving this situation and potentially not in compliance with statues. We have been and will continue to be very reasonable tenants in a building and community that has become, unfortunately, more, not less, difficult to live in during our tenure. This unit has not been appealing to many, we have been told; it works well for us. I wouldn't try and run us out. It is always best to find reasonable resolution and maintain stability with good tenants rather than potential long term vacancies, new tenant issues... Have you noticed all the new construction of housing in Downtown LA? 

Suffice to say, he didn't like this response, emailing me again on Saturday:

Unfortunately you are personalizing and misunderstanding my email which is strictly factual. The Landlord has no obligation to accommodate you as requested under California law.

Your lease expires at 11:59 p.m on March 31, 2018, a new lease has not been signed, and you have no right to stay past the expiration of the current lease under which you hold possession.   Legally, at the expiration of a fixed term lease, in a non-rent controlled building...., the landlord can simply evict you without giving  a notice to vacate  if a tenant remains in possession after the expiration of fixed term  lease.

Your accusations of "bullying" or not being familiar with the  building and the difficulties that residents of DTLA have faced  are not only misguided but also counter productive. 

If we want to be technical, there is no "rent control" in Los Angeles, rather a rent stabilization ordinance. He is counsel after all. Further, what the hell does it have to do with anything here?

Intimidation of a tenant can be illegal. A reasonable request of a tenant for accommodation is not illegal, especially if not frequent. It's one thing to be the tenant always trying to get something, Housing Authority's, courts, don't like that, but most always are going to be favorable to a tenant asking for one time reasonable accommodation for something like not having an essential like heat.