If I am a tenant and my unit is privately owned by a property management company, what are my rights if they are preventing me from amenities?

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If I am a tenant and my unit is privately owned by a property management company, what are my rights if they are preventing me from amenities?

I rent a condo. Our pool/gym area was rekeyed and I can’t get my key. No one will call me back. I have come to find out they have not been paying the association. Dues are past due for $3258. I have been receiving collections notices from an attorney representing the asscoiation. I called the association and they are not able to give me too much information and nor is the attorneys office. I also have maintence issues which need taking care of and again can’t reach anyone at the property management company. What are my rights as a tenant and do I have to pay rent if they are preventing me from ammenties and avoiding my maintenance?

Asked on August 1, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

I would consult in a local attorney who claims to practice real estate law or handle landlord/tenant relations. 

Access to amenitites is not covered by the implied warranty of habitability, however if you were promised access to amenities and now have no such access and also have maintenance issues--you may have cause to withhold rent, terminate the lease, or both.  If you consult with a local attorney, give them a copy of the lease and more specifics, they should be able to provide you with guidance on the best plan of action.

Best of luck.


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