Legal Question in Landlord & Tenant Law in California
We moved into a rental and after 2 weeks of being in the house we had some major plumbing problems. It took the landlord 3 months to get it fixed. For three months I was unable to use my bathroom and the bathroom sink was in the middle of my bedroom for 1 month. I withheld a months rent and now the landlord is evicting us. Did I have the right to do that?
1 Answer from Attorneys
Probably yes. If you had only one bathroom and it was unusable, then you probably had the right to withhold rent, but the landlord does not forfeit that rent. Withholding is to force repairs. It is not free rent until the repairs are done. Once the repairs are done the rent is due, arguably with some deduction, but most of it is due. Therefore, if you have continued to withhold the entire month's rent after you have a functioning bathroom again, the landlord is entitled to evict you.
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