Legal Question in Landlord & Tenant Law in California
i was served a 3 day notice to pay rent or quit. i lived here since 2005.i'm low income , i always paid my part of the rent ' until oct 2010 i was robbed 3 times my ceiling was leaking and it fell and hit one of my kids. mangement new they came and look at it . and took there time on repairing it. they said the owner didn't give them no money for repairs. they are sorry. so i just started to do the stuff my self they new about it too. i kept a list of everything i done. i want credit for want i've done i will start paying when they do this.before anything happen new mangement is here again. what to do ? please help!
1 Answer from Attorneys
Under California law, you are able to deduct up to one month rent, I believe once every 6 months but I would have to check that if it matters, for money you actually pay to fix defects in the unit that you have advised the landlord of and he/she haw not within a reasonable time made the repairs. But that is only for one month, you can not reduce the next month's work. it sounds as though you were working on the repairs for several months. In court, however, you can argue to the judge that because of the numerous defects the unit was not worth the rent being charged [so called Green defense named after the case] so it should be reduced so you only have to pay the difference. It is better to tell the owner that right now and try to get him to reduce the rent [he is unlikely to do so] or not kick you out because then you will have to raise what defenses you have and the judge will accept them. If your child was hurt by the falling ceiling you have a separate suit against the landlord. See if some tenant's rights group can help you.
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