Legal Question in Real Estate Law in California
Good Rent Gone Bad
My wife an I learned of a house for rent. We knew to begin with that the place was an older home, and that it wasn't going to be the greatest. We are not on any type of lease but we do have a 30 day notice clause and a verbal lease, and we had no deposit. LandLord said that everything work, that he had inspectors pass it. The house did not have a refrigorator, but he said that he would have one shorly. So we agreed. Once we moved in, we began to notice things that didn't work. 1)Kitchen sink took forever to drain. 2)Hot water heater didn't work constantly. 3)He hasn't brought the refrigorator. I've talked to him about the refrigorator, and the sink. But everytime I do, he keeps on giving me an attitude. What does he have a right to envict us over, and what doesn't he?
2 Answers from Attorneys
Re: Good Rent Gone Bad
Send him demand letters asking him to fix the problems. If he doesn't respond, send him a letter notifying him that you are hiring someone to fix the problem and intend to withhold it from your rent. If he still doesn't respond, make the repairs, send him copies of the bills (no cash transactions, make sure you have evidence of the repairs) and then deduct the same amount from your next rent payment. As long as you have put him on notice, this should protect you.
As for the frige, as long as its in your lease you can rent a frige and charge him for it. Again, I would give him plenty of written notice to correct the problem.
Better yet, is this the kind of guy you want for a landlord? If you are not on a lease, move out.
Re: Good Rent Gone Bad
It seems to me that eviction in this case would be a blessing in disguise. How much are you paying for this Taj Mahal???? More importantly, how can you live in this place. I don't think he wants to evict you as I will bet your dollars to doughnuts there wasn't a line beating down his door to rent this house. If you really think it's worth it, hire a real estate attorney who is well versed in landlord/tenant law. You can find numbers of these in the telephone book, the Yellow Pages, practicing law in the town in which the properties located. My thought, take pictures of the place so that no one can excuse you of destroying it after you left. Give the landlord the 30 days notice and find a place that you can really live in. That is of course if you can't afford higher rent or to move. Then, bold phrase is absolutely true, "you get what you pay for". I have been practicing law for 30 years in the San Francisco Bay Area and would be more than happy to talk with you. 925 -- 945 -- 6000.
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