Q: I already live in a nice coastal area in Marin County but would like to move to a nicer apartment. I do realize that the cost of this will be a higher monthly rent, but the asking rent for pretty much any apartment, in any city, has gotten quite out of hand.

I keep trying to get advice on what is a reasonable rent to ask. The only answer I can get is whatever market value is.

I studied real estate, so I understand market value on land and various properties for sale, but not asking rent on apartments. In the current market, would I be out of line asking a landlord to knock $100 to $200 off of the outrageous asking rent? I simply cannot justify paying well over $1,000 per month for a one-bedroom apartment. Or, should I just let it go and stay put where I am now?

Property manager Robert Griswold replies: There is no easy answer. You need to actually perform your own comparable rental unit survey by calling on ads and signs for similar rental units in the area where you would like to live.

If your research reveals that the landlord has been overly aggressive in raising your rent you can either move to one of these other properties or approach your landlord with the information and request a more reasonable rent.

The best way to control your future rent is to sign a long-term lease assuming that you are able and willing to lock in and won’t need to move.

Even if your rent survey indicates that your current rent is reasonable there is nothing wrong with asking for a lower rent or at least a long-term lease. The best option would be to ask for a month-to-month rental agreement with a “rent guarantee” in which the landlord agrees in writing to not increase your rent for a certain period of time. This way you have the flexibility of the month-to-month and can give a 30-day notice at anytime with or without cause.

Q: I live in row-style apartments and I have a neighbor to the left and the right of my apartment, but none above or below me. One of these neighbors has band practice in his living room (complete with amplifiers, microphones and even drums) at least once or twice a week.

I have talked to my neighbor several times, telling him it is unacceptable at any hour, and I have complained to my landlord at least four times about the noise. The landlord says they will talk to him or send him a letter but so far all to no avail. What can I do?

Tenant attorney Steven R. Kellman replies: Tenants have the right to be free of unreasonable levels of noise.

In multifamily housing units, we are sometimes expected to put up with some reasonable amount of normal living noise, but band practice goes too far. Musical instruments and apartments are a bad combination.

Tenants must take care to minimize interference with their neighbors when practicing their instruments. Also, there is a big difference with one person playing one instrument and a whole band of instruments. Clearly, a band using amplifiers should not be practicing in an apartment unless the affected neighbors give their permission.

Your neighbor is most likely causing a violation of your rights to quiet and peaceful enjoyment of the unit. Your landlord needs to take action to solve the problem because you are entitled to the enforcement of the same laws and rules that you must also follow. Those rules would include a prohibition against excessive noise.

Put your complaints in writing. Oral complaints to the landlord or the neighbor may be legal but do not offer the same level of protection as written ones. You may also call the police. In most cases, your written complaint coupled with police intervention will solve the problem. If you are forced to move due to the noise and the landlord’s failure to act, you may be entitled to receive compensation. That case may be filed in the small claims court.

Send questions to Rental Roundtable, 5703 Oberlin Drive, Suite 300 San Diego, CA 92121-1743, or by e-mail to rgriswold@retodayradio.com.

Source:

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/12/10/REGFCMQOCP1.DTL