Legal Question in Landlord & Tenant Law in California

Witholding On-site Apartment Maintenance Man's Pay, & Trying to Evict

Hello,

I have lived in my apartment for about two years with my boyfriend Joe. About 1 year ago, when the building was sold, the new owners asked my boyfriend to do the maintenance for the building. He agreed. Every couple of months, Joe would submit an invoice, and they would cut him a check. By the third invoice, Joe requested that they just deduct our rent from the invoice amount, making things easier for everyone. They agreed, and the third invoice was paid, minus the rent.

The fourth invoice, they have refused to pay, and refuse to deduct our rent, claiming that one thing has nothing to do with the other, and now they are trying to evict us for non-payment of rent.

Not only that, but their refusal to pay Joe has made things extra tough on us. Neither of us could pay our car payments, and our cars were repossessed. Our phone has been shut off, so Joe has lost his other business income and we literally have existed on the pennies I get for living expenses from financial aid for school.

I'm pretty sure we would win the unlawful detainer, but could we get damages as well?


Asked on 4/06/05, 12:23 am

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Witholding On-site Apartment Maintenance Man's Pay, & Trying to Evict

You will not win an unlawful detainer action for non-payment of rent. Typically, these cases favor the landlord. Also, it is never a good idea to trade work for rent. Your boyfriend should have kept his invoicing for maintenance and rent separate items. Your obligation is to pay rent, even when there is a dispute. That way, you protect your right to the property. Don't let the case go to court if you can avoid it.

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Answered on 4/06/05, 11:17 am


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