Legal Question in Real Estate Law in California
Rent decrease due to police action in building
before the holidays, one tenant was allegedly housing a young jail runaway who skipped bail in another state, etc., the tenants on the floor were unable to sleep at their apartments that nite because the young man fired through the door and shot the officer, which in turn created the LA police force to gather numerous backups. This individual shot another officer from he balcony window and late eve, the gentleman was found dead. Now, after shooting tear gas, leaving bullet marks in the walls, we were unable to live here for a nite. in addition, the condition of the hallway still remains. unfinished carpet molding, the aftermath of tear gas, opening the apartment door to investigate for an entire weekend, watching the cleaning workers overhaul the apt, seeing a wood panel over the place where there was a door, just a few observations... must we, as individuals on this corner of the floor, pay full rent for these past two months? repairs still remain.
many tentants have since moved out, fast.
1 Answer from Attorneys
Re: Rent decrease due to police action in building
Has any tenant discussed a voluntary abatement of rent with the landlord? I think this is the way to go.
While there are a couple of theories on which the landlord might be sued for a reduction in rent or damages that would result, in effect, in a rent reduction, I think the cost would be high in relation to the probability of success and the size of the rent reduction. I do not know of any theory that is so clear-cut that you could simply withhold some rent and expect to get away with it without a legal fight or likelihood of being evicted.
Generally, a landlord has to maintain the premises in a suitable habitable condition, but when short-term disruptions occur that aren't really the landlord's fault the tenants have an uphill battle pinning some responsibility on the landlord.
As I say, some legal arguments could be made for a rent abatement, but it is not a good bet from a risk-reward standpoint and if you were my clients I would (based upon what I now know) advise against withholding rent or bringing suit, especially in this tight rental market.
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