Legal Question in Landlord & Tenant Law in California

Renting Uninhabitable home - Want to Move

It has been astablished that we are living in an uninhabitable home and are now withholding rent starting this month. To do so we notified them by letter of the conditions and the withholding of the rent and the condition that should be satisfied. In consideration of the conditions we have been living, and the health and safety of the family, we have been searching for a new residence. We now have an opportunity and have placed an offer, to buy a condo. What are my legal obligations to this slum-lord were we to close escrow; are we liable for the rent?


Asked on 8/04/03, 12:22 pm

1 Answer from Attorneys
Dieter Zacher Law Offices of Dieter Zacher

Re: Renting Uninhabitable home - Want to Move

No. You don't have to pay rent if uninhabitable. Of course, there is a caveat. You might have to pay a percentage of the rent depending on the percentage of habitability. If the city said completely uninhabitable, then, no rent is due. Of course, you must give notice to the landlord that you are leaving. Make sure that your last day is set in stone because the landlord will not extend your stay. Good luck and thanks for inquiring.

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Answered on 8/04/03, 1:00 pm


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