Legal Question in Real Estate Law in California

Re: how do i excercise my rights under the CA L/T laws.

This is getting really messy, and I suppose at some point you have to decide how badly you want to stay in this dump. If you think it's still your best choice of places, my suggestion would be to have a serious negotiation with the landlord at a time and place where you can both focus on the issues and resolving them out of court.

If this is not possible, and you want to see what happens if you exert your legal rights, pay the amount you think you owe (if any) with a protest letter explaining the amount not paid, then just stay and wait for the unlawful detainer summons and complaint that's sure to follow. Read the complaint carefully; they are supposed to be accurate in all major respects. Then appear in court and present your defenses. See the last paragraph, below, for important Civil Code sections to read.

There are several pretty good self-help paperback law books on the subject of eviction and tenant rights. You might want to buy one or see if your library has them. If there are other tenants similarly affected talk to them, or look for a tenants-rights organization in the phone book.

The habitability and repair-and-deduct provisions of California law are in the Civil Code; look at sections 1941, 1941.1, 1941.2, 1941.3 and 1942.

However, 1942.3 is perhaps your most useful section if this goes to court.

Re: how do i excercise my rights under the CA L/T laws.

your landlord has an implied covenant to make reasonably necessary repairs in order to ensure your premises is habitable during the term of your tenancy, unless your rental agreement stipulates otherwise. however, you cannot necessarily withhold rent payments beyond what your landlord authorized even if there are unreasonable delays in your landlord fixing your kitchen. you would have to either move out under a constructive eviction theory and then perhaps not have to pay rent anymore. however, this route would mean you are out of a place to live for the time being. your second option is to make rent payments to your landlord and/or an escrow account, and document the time you have been without use of your kitchen to sue for rental credit or damages the unreasonable delays caused you. however, as long as you reside in the premises you still would have to pay rent here until your lawsuit or claim is resolved in order to preserve your rights. just remember you can still sue for your damages once you have become current with your rent, and your landlord cannot evict you for your claims to recover damages you are entitled to or else you would then have a cause of action for retaliatory eviction. if you would like further assistance or explanations, feel free to contact me. [email protected]

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