Habitability issues, & now an eviction notice!

[malissak]

What is the name of your state (only U.S. law)? CA
We agreed to rent a home in April, but the place was filthy. We were told by the LL that they would clean the place up before we moved in. We paid rent & deposit, & on the day of move in we found the place was still filthy. We also discovered ****roaches!! Told the landlord we wouldnt move in without an exterminator, and she at first refused but also refused to give our money back. We had a week to move from our previous place. She finally relented, sayin we could hire exterminator & take it off the next months rent...it was $100, and he had to come several times, as he said it was one of the worst hes seen & had been goin on for some time. The day we moved in, the A/C wasnt working. We reported to LL several times before she finally sent a "handyman" over who didnt fix it. Finally one came & got it working...it worked for like 2 weeks. We called again & she wouldnt send anyone. She actually asked us if we just knew someone. Finally she quit answering our calls. After a week of almost 100 degrees in the home, we hired an A/C repairman who fixed it for $532. When we told her what it cost, she asked us if we'd take it out of the rent in 3 payments! we said no, as we already paid out of pocket. She then called again, asking to take it out of 2 rent payments. Again we said no. Also within the first month, all power was lost to both bedrooms & bathrooms...lights & outlets. its only a 2 bed, 2 bath house. There were numerous calls to LL..she kept sayin she'd send someone but they would never show. She finally stopped answering our calls again. This went on for over a month. Finally, she admitted to us that she had no money & wouldnt be hiring an electrician. She even said if we withheld the $532 from the A/C, that she wouldnt be able to pay her mortgage. After researching online, we decided to withhold some rent for the uninhabitability of the 4 rooms, over half the house. So out of our $850 rent, the $532 was withheld & the $318 for the electrical problem. We sent a letter explaining everything, & that we would have to continue to withhold some rent until the problem was fixed. We are concerned about a fire hazard! After she received our letter, she delivered a 3 day notice to pay rent or leave. She claims she wasnt given enough notice for the repairs & the electrical problems! My question is what do I do now?? I believe this is a retaliatory eviction. We have no extra money to move right now, & I know if this is how she does business, she's obviously not goin to return our $850 deposit without a fight. I have pictures & video of the home upon move in. There is also mold in many places, which was also told to her several times. In one spot, the mold is in a bedroom closet because the shower in neighboring bathroom leaks into it. Its obviously been there a long time. The other bathtub isnt hooked up to piping & runs water on ground under house, so we cant even use that one. This has all been brought to her attention several times...she said she'd send a plumber & never has. The piping & leaking issues were reported to her within the first week, and it has now been 2 months. Please advise on what I need to do next! thank you

 

[Hot Topic]

What's your response to people who wonder why you rented this place without thoroughly checking it out? Did you do any checking on the landlord's background? Did you do any on landlord/tenant law?

 

[sandyclaus]

Rent withholding is a remedy applicable solely to issues that are a matter of safety and habitability. As such, it requires very specific steps be followed in order to properly apply the remedy to a situation. One of those steps is to notify the LL IN WRITING of any/all issues that require repair/resolution, and allowing the LL the opportunity to repair prior to withholding rent. Note also that all of the talking between you and the LL are INVALID as far as notice purposes are concerned - because if it isn't in writing, it doesn't count.

Unfortunately for you, the LL is right here in that you did NOT give them proper notice of your intention to withhold rent, nor sufficient time or opportunity to make those much-needed repairs before you started withholding your rent. Given the circumstances, the LL would likely win an eviction against you on this point alone.

I also have to say that if it is as bad as you say it is, you were foolish to accept the place and move in with the problems you are experiencing. If things are that severe, I would have IMMEDIATELY made a call to the local health department and/or city/county inspectors to have them inspect and write this person up for the violations. In that instance, you would have received support for your complaints, and put pressure on the LL to get on the ball and get things fixed, or face serious fines. It would ALSO have supported a rent reduction or abatement while these hazardous habitability issues exist.

Now that you have received your 3-day notice, chances are that it may be too late to call in the inspectors, but you should do it anyway.