Legal Question in Landlord & Tenant Law in California
The sub-contracto of my apartment complex illegally entered my apartment on july 19. this person did not work here, and barged in on my wife. we are witholding rent. the landlord says we cannot. we also have lodged a compalint both verbally and written. the gm has taken a month, august 22, to see us and discuss the matter. should we wait to go to court?
1 Answer from Attorneys
You don't have a right to withhold rent for that. They can and probably will evict you. You can take them to court for trespass and/or breach of the covenant of quiet enjoyment that is implied in every lease. But their breach does NOT entitle YOU to breach the lease. The only grounds for withholding rent are if the premises are legally uninhabitable (which is actually a much higher level of decay than most would think).
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