Legal Question in Landlord & Tenant Law in California

Lanlord/tenant

I am a renter who has a loandlord who refuses to fix anything. A property management company looks after the property but nothing ever gets fixed. She also tried to seel the house during the middle of our lease without warning us. I found out when people showed up at our door to see the property. She also listed out home number in the MLS.Can I withhold rent until proper repairs are made?


Asked on 10/11/07, 6:29 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Lanlord/tenant

Yes!

You have two choices:(1) repair and deduct, where you pay for repairs and deduct from the rent; and, (2) withhold rent

Send landlord a certified letter, return receipt requested, and let him/her know what repairs should be taken care of, and give him 7 days. If repairs aren't made, then you move into action.

Repair and deduct means you pay for the repairs, but you cannot deduct more than one month's rent, and you are limited to this remedy twice in 12 months.

Withholding rent is more dangerous, because you must set the rent aside, and be ready to pay it, after landlord tries to evict you. A judge will usually order you to pay some, or most of the rent, so it is never a good idea to withhold 100%.

Also, there are rules for showing the property that were violated here. You must be given reasonable notice, and your number should never be given out.

I suggest retaining an attorney to write the landlord a letter demanding repairs, and letting him know that you will not stand for an invasion of your privacy.

Please feel free to e-mail, or call my office, if you need more.

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Answered on 10/11/07, 8:30 pm


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