Legal Question in Landlord & Tenant Law in California

Re: mold and house condition

As to your first question regarding the tenant withholding of rent: Generally, if a landlord were suppose to complete construction prior to a specified time and the landlord did not, the tenant has the legal right to withhold one months rent that the tenant must use for repair of the home. However, certain requirements are placed on the tenant prior to exercising this option.

Otherwise, a tenant can declare a landlord who has not completed work as agreed in the contract in breach of the contract and cancel the contract and move. However, if the property has does not reach the threshhold of uninhabitability as defined under the law and if the tenant took the property in poor condition knowing work would be ongoing on the property, the rent cannot generally be withheld. A landlord could serve the tenant with a three-day notice to pay rent or quit and a three day notice to perform covenants or quit regarding the deposit. If the tenant fails to pay or perform you may begin unlawful detainer proceedings.

As to vacating current tenants, generally California law currently requires you give 60 day notice of termination of tenancy if the tenant has occupied the premises for over one year. If it is less than one-year a thirty day notice is sufficient. However, this is assuming the tenant is on a periodic, or month to month lease. If the tenant has a long-term lease the landlord may not break the lease unless the property has become uninhabitable.

If a landlord is intending to sell a property the landlord does have additional rights. Contact an attorney. Usually it is best to negotiate with tenants that you need to have vacate the building by letting them move into a completed rental or negotiating a settlement for their cooperation in moving.

If you need any help with these issues, you may contact me. I am a landlord/tenant attorney. The information provided is not intended to provide legal advice on the specific case given by the questionor. It is intended solely to give general information to allow landlords to learn more about their rights.