Legal Question in Landlord & Tenant Law in California

Havent had heat/air for a yr, landlord says cant afford to fix. I have 2 kids. I paid rent for about 6 mths while she concealed a foreclosure. She wanted cash, the next day,dec 2,I got a foreclosure notice for a auction on Dec 22. She tried for about a week to get me to pay claiming she has loan mod. Auction date changed every 2-3 weeks. She went mia since dec. til mid March. She claims made her first pymnt on March 1. I told her need orig. docs proving it. She nervously showed me a false doc & pulled it away. I took it back and made a copy. It was a fax requesting a list of docs needed for a loan mod, with no signature, pymnt amt, loan #, due date, mortgage comp, nothing. I got a 3 day demanding $12000 back rent. She still refuses to fix heat/air. Told her dont owe, didnt fix, in foreclosure still. 2 wks later auction canceled. She went mia again till april 3. threats of eviction again. Went mia again for 1 mth again, mailed me a 3day again. False docs, harrasses me, scamming, no heat/air... I have no $ to move. what can i do?

Requested docs proving loan mod, she still refuses proof. I dont know if she paid one payment to buy more time or if going into short sale... or what but when I call her bluff she backs down & disappears for awhile till trying again. I dont know what to do, I want proof so I know what to do if she really has it, but I dont feel like I owe her anything considering she wont give me heat or air and is scamming on me constantly. I would like to sue her if I can for $, harassment, fraudulent docs, scamming,.,,

What can I do?


Asked on 5/26/11, 7:42 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

First, to be very clear, as long as she owns the property, the fact that she is in default and/or seeking a loan modification has nothing to do with your obligation to pay the rent. Her default on her home loan is not a defense to your obligation to pay the rent.

Now, with respect to the heat and air, that too may not be a defense to paying the rent. In a residential rental situation, if the landlord fails to make repairs that render the all or part of the property inhabitable, then the tenant may send a series of notices to the landlord of their intent to fix the repairs and deduct them from the rent. Absent having done that, simply withholding rent is not an option. This is not to say that when/if she files an unlawful detainer you won't get a sympathetic judge who might not evict you because of the problems with the landlord, but from a purely legal perspective, for so long as she owns the home, and you have not exercised your right to repair and deduct, then you are incorrect in withholding the rent.

Finally, as far as suing her - anyone can sue anyone for anything they want. Will you win is the real question, and based on the facts here I cannot answer that question. Good luck - my suggestion is to move.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 6/02/11, 3:38 pm


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