Legal Question in Landlord & Tenant Law in California

Retaliation?????

when we moved in 4 months ago, landlord knew of mold under kitchen sink, water dripping down wall from upstairs bathroom, heating ducts not connected to vent. there was no attempt to make repairs and when i decided to withhold rent landlord served a termination of lease (which expires in 2 months) is this retaliation? we were also told our lease included gardener which we have never seen. should i get reimbursed for that?

help!!!!


Asked on 1/29/06, 2:53 am

1 Answer from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: Retaliation?????

In general, a tenant may not unilaterally withhold rent payments, even if the landlord is in breach of his/her duty to make repairs or maintain habitable premises throughout the duration of the leasehold tenancy. There are distinctive legal steps the tenant must also take in remedying such a problem. For a free phone consultation regarding your legal rights and/or obligations at this point, contact us directly.

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Answered on 1/29/06, 1:45 pm


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