Legal Question in Real Estate Law in California
Landlord Harrassment
I have made repeated request for items to be fixed around my apartment. The last time complained I recieved a 3-day pay or quit notice with no explanation, which I went ahead and paid. When I went to pay my current rent the manager refused it. What do I do now? I sent a letter to the owner stating that I tried to submit a check for rent but it was refused on their behalf.I also submitted a letter demanding the items to be fixed.
2 Answers from Attorneys
Re: Landlord Harrassment
You have an onery landlord. Sue him in small claims court unless you are on a month to month rental agreement. If you have a lease for more than a couple of months remaining, then you can sue him for specific performance, meaning that you demand that he honor the lease agreement, including repairs. The landlord has an affirmative duty to take care of plumbing and other problems. You can ask the court either to order him to repair the items or to allow you to repair them and then deduct the cost from your rent.
However, if you only have a couple of months, it is probably not worth the effort and you might as well find another place to live.
You do need to pay your rent on time however. That is your required performance under the lease.
Re: Landlord Harrassment
Depending on the items which you were requesting to be fixed. If these items included heater, plumbing etc you may have a defense. The landlord is prohibted from evicting a tenant for exercising a statutory right. Requesting that the landlord provide the required amenities for your rental unit, is such a right.
You should contact an attorney regarding your case. If you cannot afford to hire an attorney check for a legal clinic, law school clinic for help.