Legal Question in Real Estate Law in California

my witholding rent

i've rented house from mrs for the past 4 years.mr.owned@operated vehicle repair shop next door.mr died a year ago,soon after mrs moved into senior center and son,age aprox 56,who had taken over auto shop ,started collecting rent .mrs and i have only verbal m to m agreement $500.son's drinking has caused business to come to a near halt,with the extra time son has started harrasing me regularly i.e.knocking loudly on my door after friends arrive demanding rent when it's not yet due ,questioning my friends about parked cars.here's the problem;son had towtruck friend tow my car out of my driveway,jan6, claiming it abandoned.car(450sel)was reg&tagged legally.it cost$400 to claim after some hassle(cops not inv.)so i witheld jan rent.jan 18 son turned off pilot light to my floor heater although pilot light gas still flowed,so i held feb rent using portion for occ hotel room due to cold.i didn't sue out of respect for mother.son left 3 day in my mailbox and 25 days later cert.letter arrived,no legal pross as of yet.i'm looking for rental but i need month or so for 1st,last,sec.what advice could you give me,we have no dialog whatso ever.i think i'm still within my rights but i don't want an eviction on credit rating. thank you.


Asked on 3/08/00, 6:06 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: my witholding rent

Find a friend to stay with. You are required to pay your rent. It appears that the landlord has breached the covenant of quiet enjoyment which gives you the right to use the premises without interference. You should have paid the rent and then sued him for breach of the covenant, and for your costs. Now without paying the rent you are at a disadvantage, although you still might recover for your damages in court.

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Answered on 3/21/00, 3:36 pm


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