Legal Question in Landlord & Tenant Law in California
New Apartment
We are about to move into a new apartment in a new building. When we went into see it before moving in, we noticed the dishwasher doesn't open fully because it hits the range. The apartment also isn't cleaned and needs to be repainted. From what we have been told, he doesn't plan to fix the dishwasher problem and we're not sure what he plans to do with the painting/cleaning. We are wondering what can be done to cover ourselves and fix these issues.
1 Answer from Attorneys
Re: New Apartment
I am assuming that you have already paid a deposit, and signed a lease.
If you haven't. don't, until you are satisfied. If you have, you need to put your anxiety into a letter,(certified, return receipt requested), and let the landlord know what you expect.
You can also "repair and deduct", that is pay for the repairs, deduct your expenses from the rent, and thus you pay instead of the landlord. Only problem with this is that you can only "repair and deduct" during two months of each twelve, and never for more than the actual monthly rental.
You can also "withhold rent", which is not really something I would recommend, if it can be avoided.
If you need more, please feel free to e-mail, or call, my office.
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