Legal Question in Landlord & Tenant Law in California

California Renters Rights

I rent in Redondo Beach, CA. I was forced to leave my apt. for three weeks due to severe water damage, electrical and safety issues. They told me they would pay for my hotel stay - just submit the bill. My hotel bill is $3,000. They told me to leave and now won't pay the hotel bill (and my other losses). Can I withhold rent for the next two months to offset the $3K they owe me?


Asked on 10/23/07, 11:39 am

2 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: California Renters Rights

I agree with Mr. Bennett. Start with the Landlord. I would assume, like Mr. Bennett stated that you had some verbal/written agreement to move out and pay for the Hotel expenses and why they are not honoring this agreement is something you need to address in a certified letter. In addition, you may wish to have an attorney write the initial or follow up letter if your demands are not met.

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Answered on 10/24/07, 2:30 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: California Renters Rights

You need to write a certified letter, return receipt requested, and put down the same facts as you submitted here.

Normally, withholding rent is not a good idea, because, you are not withholding rent here. You are offsetting expenses, which is different.

You actually should continue to pay the rent, and sue the landlord for damages. I hope you either had a witness to them offering to pay the hotel bill, and/or received their "generous" offer in writing.

You may well need to retain an attorney, if only for the negotiation part as to your hotel bill and other damages. You should also ask for rent abatement, which is a refund of some, or all, of the rent which you have paid.

You have a lot of options, but withhold rent means exactly that. You are withholding until issues are corrected, and then you pay. It wouldn't work here.

Please feel free to e-mail, or call, my office if you need more help.

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Answered on 10/23/07, 4:17 pm


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