Legal Question in Landlord & Tenant Law in California

Re: apartment code violations

If you are afraid to send a letter for fear of eviction, then you will not like what you really need to do. Best bet is to find a new place to live, then sue the owner in small claims court for the money owed for painting the bathroom. You should have some proof that the owner made that offer, or it will be your word against his/hers, and tenants generally lose those battles. How do you know there are electrical problems and code violations - are you a contractor, or have you retained one to inspect the property? I'm not trying to be a smart-you-know-what, I'm asking because if the conditions affect the habitability of the property, there is a procedure in California for giving the landlord notice and an opportunity to fix the problem, then you may deduct the from the rent the cost to repair. If, on the other hand, the problems do not affect habitability, then should you deduct and repair, you could well find yourself evicted. In either case, research and read very carefully the statutes regarding repair and deduct - they are very different for residential properties than for commercial properties, and you must follow the statute to the letter, or you could get stuck for the repair costs. Finally, you can call the local code enforcement office, however, as with all of the foregoing, you risk being evicted by a retaliatory landlord. Biggest problem you face is that you have no lease, and I pressume have lived there less than a year, which means your landlord can give you a 30 day notice at any time to terminate your tenancy, and need have no reason whatsoever to do so. You're in a pretty bad situation, and moving may be your best bet.

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