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Very long question.

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gigicb70

New member
California
Ok. I am a 50 year old woman on housing or Section 8 and have been for approximately 4 years. right now I live in an apartment the first apartment that I've ever been in with section 8 and it is actually in better condition now than it was when I moved in because of the improvements that I've done. recently I had an inspection by housing in which they failed the unit however all of the things that were failed were the owners responsibility to take care of and not mine. upon return of the inspector, I was unable to be here because I had ended up in the hospital that evening. they rescheduled the second inspection and then they didn't show up. I received a letter in the mail saying that it would actually be three days later or on August 3rd of this year. and they didn't show up again. I waited all day. I left my door open. I know for a fact they didn't come. I wrote to the housing Authority asking why this was happening and never received a reply. apparently they are all still not working in office yet from the covid situation which I thought was over about a year ago but apparently they're being extra cautious. in the same time of this past 3 weeks, I also received a letter from a different section of housing stating that I needed to attend a teleconference and during the teleconference they told me that I needed to go pick up my voucher. what this means is that I can go look for another apartment because this one is subpar. I really do not want to move. I am on a third floor walk up and have all of my stuff settled in just fine. I don't know why this is happening. there are other people in this building that are also on housing that are not being made to move. I have done nothing wrong. the lease termination in fact says that it's because the building did not pass inspection. yet when they're supposed to come reinspect, nobody ever shows up, except for the one time when I unfortunately was in the hospital. it is almost as if housing inspection and housing vouchers aren't working in the same building, which actually I know they're not because they're not even working in the building yet they're still working from home. I am beyond frustrated. it has been An entire week now since the second inspection was supposed to take place. I have several emailed letters to different people in the Housing Authority and no one has written me back or called. the property management company has sent me a 3-day cure or quit notice, saying that I owe them for all of this month's rent because housing stopped paying them because they didn't fix the problems with the building. when I moved in 4 years ago, I put down two month deposit or $3,000 and they are saying that I now owe them $2,200 so I will have no deposit to move out with. is it legal for them to keep my deposit like this? I have had at the very most one month that I've been aware of the building not passing the first inspection. I'm not sure if you're familiar with the difficulty of finding a landlord that will take your section 8 voucher but is not an easy thing to do. on top of all this, my car broke down about a year ago, so I really have no way to move. as I said I'm a single woman getting up there in years and I live in a third floor walk up. I don't understand why I am being punished when it is actually the property management that did not take care of the things they were supposed to so that the building would pass inspection. I also don't understand why they are still allowed to rent two people that are on housing or why the other people that are on housing in this building aren't having to move as well. can anyone shed some light on this for me?

Can the landlord keep my deposit even though my having to move is not my fault? How long should I get before they stopped payment, as it was only approx 2 weeks.? Having to move is said to be one of the biggest stressors in a person's life and I did nothing to deserve this, obviously, Housing wouldn't have re issued me another voucher if I had done something wrong. I am very worried because I have only had one week to look for a place and I don't have any income right now due to losing my transportation.
 


Eekamouse

Senior Member
Your kids are grown by now. Why mention you are a single mother?
My bad. I read your post wrong.
 
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Zigner

Senior Member, Non-Attorney
Please understand that your deposit is not intended to be used as your "last month's rent". You still need to pay your last month's rent and then you can expect your security deposit to be returned, as and if appropriate.
 

quincy

Senior Member
If the unit you were occupying did not pass inspection due to a failure on the part of the landlord/property owner to make required, necessary repairs, you should have the right to the return of your full security deposit and, I believe, the right to withhold your last month’s rent.

BUT, you will want to contact the housing authority or a legal aid clinic in your area to help you negotiate your move out date and moving expenses. The failures of the landlord are not your failures and you should not be penalized for them.

In what county of California do you reside?
 

Zigner

Senior Member, Non-Attorney
If the unit you were occupying did not pass inspection due to a failure on the part of the landlord/property owner to make required, necessary repairs, you should have the right to the return of your full security deposit and, I believe, the right to withhold your last month’s rent.
Careful there - do you have a cite for that?

BUT, you will want to contact the housing authority or a legal aid clinic in your area to help you negotiate your move out date and moving expenses. The failures of the landlord are not your failures and you should not be penalized for them.
Agreed.
 

quincy

Senior Member
Careful there - do you have a cite for that? ...
Yes, I do, but it’s from the Orange County Fair Housing Council, which is why I wanted to know the specific county involved. The OC Housing Council warns that NO withholding should be done without first consulting with an attorney.

The legality of withholding rent can depend on the reason or reasons why the rental unit did not pass inspection. For that, one would need to look at possible violations of California Civil Code section 1941.1 and/or the Health and Safety Code section 17920.3 cited by the county’s housing authority.
 

Zigner

Senior Member, Non-Attorney
California rent withholding rules go by the "repair and deduct" concept and require proper written notice of the deficiencies by the tenant. One can't just not pay rent.
 

quincy

Senior Member
California rent withholding rules go by the "repair and deduct" concept and require proper written notice of the deficiencies by the tenant. One can't just not pay rent.
That’s not entirely true. The repair and deduct remedy is not the exclusive remedy for a tenant when there has been a breach by the landlord of the implied warranty of habitability.

In fact, if tenants are of low or middle income, repairs could be outside their financial ability to pay.

Here we (apparently) have an inspection report by a housing authority that indicates the rental unit is unfit for habitation due to a failure by the landlord to take care of previously noted problems with the unit.
 
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gigicb70

New member
If the unit you were occupying did not pass inspection due to a failure on the part of the landlord/property owner to make required, necessary repairs, you should have the right to the return of your full security deposit and, I believe, the right to withhold your last month’s rent.

BUT, you will want to contact the housing authority or a legal aid clinic in your area to help you negotiate your move out date and moving expenses. The failures of the landlord are not your failures and you should not be penalized for them.

In what county of California do you reside?
Los Angeles County but Long Beach Housing Authority, it is considered separate.
 

FarmerJ

Senior Member
You will want to get copies of the original orders from S8 telling the LL what needed to be corrected then the newest orders that show the LL failed to complete the repairs and hang on to those extra copies for not only your records but if a prospective landlord wishes to see them so they can see for them self your having to move out was caused by the landlord since its possible the LL may refuse to give a new prospective landlord any information.
 

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