Legal Question in Real Estate Law in California
14 days ago, I notified my landlord that I would be exercising my "right to withhold rent remedy" (allowable in the state of CA) after he failed to make repairs that are required for habitability. My heater was installed without a permit and was causing the smoke alarms to go off. It is also undersized for the square footage of the property per the inspector who denied a retro-active permit. We cannot use it now. Windows were not operable, mold had been painted over, and electrical was jerry rigged, which caused a near fire situation 30 days ago. I found out after the incident that the landlord had lied to me and had not used licenses contractors. He also did not do the repairs to building and safety code standards. After months of persistent requests and a complaint to the building and safety department, he asked me to leave. He filed a 3-day rent or quit notice after he received a certified letter from me outlining the problems and my requests for remediation. The city department of health and safety got involved to assist and advised him that he needed to bring the house up to code. I am not sure, but I think his actions border on fraud.
I advised the landlord that I would be vacating the property after inspectors and contractors advised me that the property would have to be "gutted" and it is not safe. When I advised him that I was leaving, he told me that he would not return my deposit because "I broke the lease by not paying him rent this month". He also is requesting that I pay him for the remaining time on the lease.
Despite the habitability issues that I raised, he has still not completed repairs. I notified him of my move out date last week.
Today I was served papers that I was being sued for Unlawful Detainer even though I already gave notice that I was leaving. He is also requesting that I pay out until the end of the lease and is threatening to sue me for un-limited damages. I asked for him to inspect the property and give me notice of anything that he feels I am responsible to repairs, clear or replace. The property is in pristine condition. He has no complaint at this time regarding my use of the property or damages I might have caused.
After reviewing the Civil laws that protect tenants and landlords, I don't believe he can do this. The consumer affairs board specifically states that to retaliate against a tenant in this kind of case in prohibited. The building and safety code department advised me that it was illegal for him to sue because I notified them and they opened a case.
So, my question is. Do I defend this first based on retaliation or do I counter sue him. Do I ask for a dismissal and then proceed? I cannot afford to retain an attorney at this time, so I will have to represent myself. Any pointers?
1 Answer from Attorneys
Your questions are to numerous to be able to handle in one answer.
You can withhold up to a month's rent but you must actually spend that money on making repairs. Since you complained to the applicable heath agency there is a presumption that the eviction notice is in retailation for your complaint. However, you have not given him "notice" of
leaving because there is no time frame stated. So by not paying rent in December and not making actual repairs, he has a validate cause of action for unlawful detainer. You have a Green defense that the rent must be reduced because of the numerous defects and vioations, but you still would have to pay some rent and you woul dbe evilcted. You likely would get back some of your security deposit. See if you can resolve the matter.
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