Legal Question in Real Estate Law in California
landlord failing to supply heater
person who recently bought property knew there was no heat at all,own's alot of property in the area,houses,strip mall's ect.Has harassed my girlfriend at her work(rite-aid)for the rent.He also own's that property and said he could get her fired.i am refuseing to pay rent and he served a 3 day notice.please help me Thank You
1 Answer from Attorneys
Re: landlord failing to supply heater
The house is not habitable if it does not have a heater. You should open a trust account at a bank and deposit the monthly rent into the trust account. Then notify the landlord where the rent is being held. If you do not pay the rent you can be evicted.
If the landlord serves an unlawful detainer complaint, be sure to file an answer and raise an affirmative defense that the house was not habitable and therefore the rental value of the house is $0.00. You can then argue that the rent is paid in full as you have paid more than the rental value of the house.
The attempt to evict you for exerting your right to have a heater, can be retalitory eviction.
If I understand your statement of the facts, the landlord is violating the law regarding debt collection. His constant calls to her at work is a form of harrasment.
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