Legal Question in Real Estate Law in California
Landlord Fails To Abide By Lease Agreement
I and my wife are tenants residing at a condo leased for a period of one year. Since entering into the aggreement and surrendering our deposit, it has been difficult getting repairs done. The
owner has now proven to be unreachable and has turned over collecting rent monies to his mom, a property manager. Our commode is bro--name removed-- and we have requested repairs for two months now. In addition, our garage is left insecure because he
has not repaired it. We have maintained a running
list of all the problems we have had for the now six months here. We want out of the lease with no penalty and damages for the great inconveniences he has caused us and the discriminatory treatment shown us, even though we have consistently paid on time. We could sincerely use some help or some legal direction.
2 Answers from Attorneys
Re: Landlord Fails To Abide
If they breach the lease and the breach is material then you have the right to break the lease. depending on the lease and the circumstances, failure to maintain the property may be a material breach.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Landlord Fails To Abide By Lease Agreement
California Civil code (around section 1942) sets forth the conditions under which you can repair and then deduct the cost of the repairs from the rent. This remedy is available only two times in a twelve month period.
It appears that your message may have been garbled somewhere along the line. It appears that you are stating that the commode has not worked for several months. If this is the case, it would be breach of habitability. See California code of Civil procedure 1174.2(a) for adefinition. Also check the local law library or other library for a copy of the California Eviction Defense Manual. Although you are not being evicted this book sets forth the duties of the landlord in the sections on defenses, and answers, section particularly. This breach of hability should be a breach of the lease by the landlord.
You may also want to contact the building department for the city or county in which the property is located. The non working commode and perhaps even the unrepaired garage door would be building code violations. They could be sufficient for the building department to declare the condo unhabitable. This would allow you to move out.
If the landlord sues for rent due you have the defense of the condo not being habitable. There are civil penalties for failure to maintain the property in a habitable condition.
This area of the law is complex and is strictly construed by the courts. You should not consider the above to be legal advice, but merely a general statement of the law that may or may not apply to your particular circumstances.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
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