Legal Question in Landlord & Tenant Law in California

Unlawful Detainer

I have a room tenant who we served a 3 day notice for not paying her dep. and first month's rent. She moved in w/o paying. So we served her with a Summons and Complaint not to pay but move. But she answered the complaint with her reasoning for not paying there is mold in bathroom and debris on side of house which has been cleaned up. She took pictures. She says her payment is cleaning up the house (not part of oral agreement). She says she is getting sick because of the mold and she's only been living there for a month. There is unfinished tile work in kitchen, which we are working on getting finished. She keeps a copy of her payment (money order) on her door but it is payable to her. Does she have a case? What should we do? Proceed with court hearings?


Asked on 10/31/05, 7:42 pm

1 Answer from Attorneys
Randy Schlosser Law Office of RM Schlosser

Re: Unlawful Detainer

Proceed to trial. Generally, in order to perform a deduct and repair under the law, she first must give you prior written notice of the defect and a reasonable time to repair it.

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Answered on 11/01/05, 7:31 pm


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