Legal Question in Landlord & Tenant Law in California
Do I owe back pay on withheld rent?
I had a very hard time trying to get a heater in my apartment this last winter. Basically, I went all winter freezing and often having to sleep over at relatives houses when I thought that I couldn't take it anymore. Eventually, the city inspector became involved and tried to force the management company to put in a heater because the apartment was deemed inhabitable considering the temperature it was dropping so low every night. It took forever, and one month I witheld my rent and it was then that they complied and put in the heater about a month later. I think it was around May, just when the heater was not needed.
Nothing was said to me for several months until this morning when I got a call from my landlady who said the management company wants the rent that was owed for that one month of witheld rent. Since the apartment was �nhabitable''all winter do I still owe them that one months rent?
1 Answer from Attorneys
Re: Do I owe back pay on withheld rent?
No!
Based on your statement of facts, you did what you were supposed to do.
If they file an eviction (unlawful detainer), you have a defense of the premises being uninhabitable. Furthermore, you can bring up retaliation, also a defense.
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