KMIR6 Investigates Tenant Rights
Photo: Video by kmir6.com
PALM SPRINGS- A vacate notice is sparking a battle between tenants and a Palm Springs landlord. The tenants of Desert Moon Apartments have been given 30 days to vacate the property, and they say the landlord has been treating the tenants poorly all along and for some this is the last straw.
"That's just not enough time and to hand that out during Thanksgiving week and to find out we have to be gone before Christmas, it's pretty nerve rattling," said John Seager, a tenant.
The tenants also say the property is in shambles. They say they've been asking for plumbing and maintenance help, but the landlord, Laverne Kato is absent. Even the property manager says he's never met her.
"At this point nobody knows what to do because there is really no one to answer our questions," said Chad Stephens, the property manager.
KMIR6 asked housing law experts about the rights of tenants receiving vacate notices.
"If they've lived there for a year or less than a 30 day notice by the landlord is proper, if it's more than a year than they have to give 60 day notice," said Attorney Roberty Makley.
If a tenant has a lease, then the landlord has to buy the tenants out of the lease.
The notices given to Desert Moon appear legal when it comes to the residents on month to month leases who have been living there less than a year. But tenants might still be able to fight the rundown conditions.
"A habitability lawsuit based on the substandard conditions of their unit and the measure of the damages would be portion of their rent back, plus general damage for the pain and suffering and embarrassment," said Makely.
KMIR6 contacted the landlord by phone, she said she would not comment on the situation.
-Jessica Flores, KMIR6 News.