Legal Question in Landlord & Tenant Law in California
rent
if a tenant does not notify the landlord of repairs needed but when rent is due tells the landlord that he or she will not being paying rent because things in need of repair (that was unknown to landlord.) Is this legal for the Tenant to do?
Asked on 1/07/07, 8:10 pm
1 Answer from Attorneys
Deborah Barron
Barron Law Corporation
Re: rent
A tenant must first put you on notice that repairs are required and give you an opportunity to repair. If you fail to do so within a reasonable amount of time, then the tenant can pay for the repairs and send you proof of payment after subtracting that amount from the rent. What is a reasonable amount of time depends on what type of repair is involved. A burst water pipe requires immediate repair whereas a leaky toilet is not an emergency.
Answered on 1/08/07, 4:06 pm
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