Legal Question in Landlord & Tenant Law in California

holding rent payment

six days ago, my apt flooded.

someone came the next day to

vaccuum the water but there was no

follow up. no one has come by to see

damage (including mold in

carpet/wall). am i allowed to hold my

rent until the situation is fully taken

care of?


Asked on 12/02/08, 8:18 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Re: holding rent payment

Under California law you are allowed after giving reasonable notice to the landlord or his/her agent to repair damage to your unit not caused by you and to withhold up to one month's rent actually spent to fix those damages. You can not just withhold the money and not spend it for repairs.

You should again try to contact the landlord and tell them someone must come immeditely to take care of the mold problems as if it is not remedied yo might have to move out for your own health [it would be a constructive eviction so you do not have to give thirty days notice]. It is best, however, to try to be diplomatic with the landlord so as not to cause you troubles in the future.

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Answered on 12/02/08, 10:37 pm


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