Legal Question in Landlord & Tenant Law in California

Hello, I am renting a 1 bedroom apartment. I have lived here for almost 3 years. Since I moved in I have had many problems and the landlord either has not fixed at all or not fixed properly. For example, every time it rains the main living room and entrance hall area leaks massive amounts of dirty water and streams down onto the tire floor and carpet flooding multiple areas in the house. Also I did not have heat for the winter of 2007 and 2008 the landlord was non-responsive when I first tried to get ahold of him for these repairs. I notified him many times to please fix these problems (and several others) and clearly stated the sense of urgency. Since I still have severe sub human conditions I began withholding my rent completely for approximately the past 6 months. He has served me with several 3 day pay or quit notices and I have each time promptly responded with a certified letter listing all the problems that must be fixed to bring the unit up to Code. Yesterday I was served with a new summons where he is suing me for unpaid rent + other damages.

In the letters I submitted to him over the past several months responding to the 3 Day notices I requested 50% refund of all rent paid during my stay and also compensation for personal property damage from water coming in through the ceiling.

My father is helping me fill out the form which (to our understanding) we must fill out and return to the court within 5 days. The documents are dated 12-31 but I just served yesterday 1-4.

Any input you have would be appreciated. I plan to have lots of photo evidence when I do go to court.

thank you,

Sincerely,

S.G.


Asked on 1/04/10, 6:52 pm

1 Answer from Attorneys

It sounds like you are on the right track to defend yourself. It would be a really good idea, though, to get some independent help on this. If you can afford to consult with an attorney you really should do so. If not, you can try one of the tenants rights groups in your area. Information on one of them can be found here: http://www.cesinaction.org/CESTenantsRightsClinic/tabid/67/Default.aspx

Read more
Answered on 1/09/10, 7:56 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California