Legal Question in Landlord & Tenant Law in California

I moved in apartment in March 2010, I moved in under the condition that they are repairs tha need to be done. I waited 3 months and nothing was done. I didn't have a heater, no fan or window in the bathroom (which causes mold), no vent over the gas stove, but live wire where vent is suppose to go is sticking out ( I shocked myself). The ceiling is cracked and leaking at one point. I wrote them a letter in July 2010 stated that I will with hold rent until these and other repairs are done. They have 3 people take estimates about heater, but nothing was done. They have had two different people come out and take pictures of all the repairs. It's now Jan. 2011, I recieved a 3 day notice from landlord (repairs still not done). But thanks to the 3-day notice I found out that my rent was actually $650 not the $750 that I was paying. On Feb 7, 2011 I recieved in my hand a 30 day notice. They installed a heater on Feb. 26, 2011 and it doesn't work. Prior to those notices back in Nov I was told that they were going to evict the people upstairs, due to drug activity and for me not to worry about it. I even asked them if they had other property in a better area, they didn't. I have tried to reason with them about the repairs, and told them I don't have any problems paying rent. I told them I will pay $650 which is cost of rent under the condition that ALL the repairs are done. She told me if I can pay $1000, I told her no because if I pay $650 and you guys credit me what I was over charged and you have your $1000. She said she will talk to owner and see what he says. If he doen't agree he will proceed with the eviction procedure. What should be my next step?


Asked on 3/04/11, 2:36 pm

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

You need to contact a local tenant rights attorney. The property may have been inhabitable while there was no heater, while living with exposed, live electrical and with the mold conditions. This sounds like a real slumlord scenario, and with the accounting issues unresolved, you need to consult with someone in the area to receive some specific advice. You will probably have to fight an eviction as well, and that is best done with representation in a situation like this. Finally, I would contact the local housing authority and have them come inspect the property. They can sometimes assist in resolving inhabitable conditions in rentals.

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Answered on 3/29/11, 10:42 am


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