Legal Question in Landlord & Tenant Law in California

I moved here in ca on November 1,2013 there was several repairs to be done. owner was not fixing them so I called code enforcement and they wrote him two page violations. the things are not fixed I wrote a letter to withhold rent and they are still not fixed so I did not pay rent and he has posted a 3 day notice before due date and said he was starting eviction. is that legal?


Asked on 12/03/13, 5:52 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It depends on whether or not you were authorized by code enforcement to withhold rent. If the local code enforcement has a rent escrow abatement program, then you have a defense. Otherwise, you need to consult with a tenant's rights attorney to determine whether or not you have a habitability defense to the unlawful detainer action.

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Answered on 12/05/13, 9:38 am


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