Maintenance Problems

[Lin]

Hello, I live in a mobile home park in California, and for the past few weeks, my kitchen sink has leaked. It was "fixed" before with old parts, including the garbage disposal which is now seated on a part from another one. Anyway, the pipes leak, so I have to do my dishes in the bathroom. Several times now I have asked the second manager to fix this. The first time, it was "fixed" by the first manager's help. Now I get told that since the first manager owns this coach I am renting, that the maintenance man for the park who is employed by the park owners who live in TX, cannot fix my sink. He says he told the original manager/owner two weeks ago about this. They are squabbling over who will fix it. Meanwhile I pay rent to these owners in Texas who I guess give part of that to the owner of the coach. I had thought that the owners were in the process of buying all the coaches. What are my rights in this? Do I have to pay my rent when they refuse to fix anything in here now? I am not a rent slacker by the way, nor a troublemaker. I do not want things fixed with old, worn out parts. I really need advice. Help! Thank you.

 

[Lin]

I just wanted to add a postcript to my post about maintenance problems...I am now registered with these boards.

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[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lin:
I just wanted to add a postcript to my post about maintenance problems...I am now registered with these boards.

<HR></BLOCKQUOTE>

Send L a certified letter (copy the park management) listing the problems and stating that your rent will not be paid until the various items are fixed. Search the Civil Codes for correct and applicable language with respect to number of days given to L to correct the problems etc.

 

[Lynnette]

If you have a valid lease arrangement, the person who cashes your rent check is the proper landlord, and is responsible for maintenance problems. I disagree with the above poster's response: in most states, you cannot legally withhold rent for ANY reason. However, you may be able with deduct a portion of the rent needed to call a repairman yourself. The landlord needs to be informed in writing of your intent to deduct this portion.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Lynnette:
If you have a valid lease arrangement, the person who cashes your rent check is the proper landlord, and is responsible for maintenance problems. I disagree with the above poster's response: in most states, you cannot legally withhold rent for ANY reason. However, you may be able with deduct a portion of the rent needed to call a repairman yourself. The landlord needs to be informed in writing of your intent to deduct this portion.<HR></BLOCKQUOTE>

Lynnette, thanks for your response and you have a right to disagree. Please be sure though that your disagreement response is correct, and in this case it is not.
Were you stating that T can not withhold rent for ANY reason even if valid ie. the home has structural termite damage, the roof leaks, the sewer backs up into the home, the home is sliding down the hill, there are smoke and sparks coming from the electrical box, the building inspector condemns the home, a fire burns the home, the home is flooded etc. In these cases, T is not only legally entiled to withhold but also not be liable to pay the rent.

In California, which is the subject State of this posting, withholding of rent is one of the legal remedies afforded to the tenant. Your method of repair and deduct is another remedy. Still another remedy would be for T to vacate the property. There are various conditions that may constitute a breach of the landlords warranty of habitability, and that is why I recommeded to the poster to research the CA Civil Codes with respect to the L/T laws.

In this specific instance, the condition that the writer has does indeed constitute breach of warranty pursuant to the CA Civil Code and therefore the writer would be legally entitled to a "withholding of rent."


[This message has been edited by HomeGuru (edited October 21, 2000).]