negotiations

[eahick]

To younglsm or any landlord: What would be the best way to handle a situation like mine (see eahick questions) with the landlord. They must know by now that I am aware of the code violations. Can they drag repairs out until my lease is up? What are my options as a tenant?

 

[LL]

I think that what you want is not attainable, with a mature and intelligent judge, and your LL having a good lawyer.

You ask about, what are your tenant rights concerning rent
restitution for illegal additions. Well, you don't have any rights of restitution. Restitution for what? There are laws providing for penalties to LL for maintaining substandard housing, and for making rent reductions (temporary) to tenants who have been cheated out of something that was due to them.

But you are deliberatly looking just for a reduction in your rent because you "caught" your LL at something. I don't think you would get away with it.

Were you the one that called the local Building and Safety Department? Why are you still living there? Every time you pay your rent, you re-validated your lease agreement. In the time that you have spent writing to this site, you could have found a new place to live, left this dump that you chose to live in and stay in, and moved into a habitable place, paying the going rate for rent. Evidently, that's not what you want to do.

The Building and Safety Department will deal with the code and zoning violations.

If the LL has a lawyer who can present this case for what it seems to be, the judge might agree that you are just looking to reduce your rent. Sure, he won't enforce the remainder of the lease if you choose to leave, in fact he will probably encourage you to do just that. I would be curious what he might do about court costs and attorney fees.

 

[djdj]

I agree the city will deal with the landlord and fine him untill he makes it legal or tears it down, but since it has not been deemed a health hazard chances are a judge wont reduce your rent by very much.

Its NOT a totally illegal apartment, only partially illegal.

 

[eahick]

for djdj

Thanks for the referral to code section 1942. My research brought me to that and much more. You are right the dwelling is only partially illegal. I felt I should not pay rent for a two bedroom, but am willing to pay for a one bedroom. I did send a letter doccumenting that the illegal room is also a health hazard to my child because it has no heat duct and is freezing, and during any rain the room floods. The carpet gets saturated and causes mold and a heavy musty odor. We have had to close the room off completely for these reasons. I paid what I felt is fair rent for a one bedroom dwelling along with documentation that the room is uninhabitable. I let the landlord know that I was willing to pay for a one bedroom house until the repairs ordered by the building and safety inspector were completed. Rather than vacate the premises, I chose to offer lower rent. I guess the ball is in their court now. I also reminded the landlord about the lack of working deadbolt locks on the front and back door and the lack of working locking devices on the windows. I guess the ball is in their court now.

 

[LL]

Since you pointed to section 1942, you see that you can clearly use it to add deadbolts and a space heater. You didn't say where in California you are, but here in the sunny Southland we don't have much cold weather. Lots of houses here don't have any heat at all and they're not considered untenantable.

You say now that the room is also a health hazard to your child because it has no heat duct and is freezing, and during any rain the room floods. The carpet gets saturated and causes mold and a heavy musty odor. But still, you prefer to stay in order to get cheap rent.

I think that for you to fail to provide better housing for your child is clearly failing in your responsibiity as a parent and there are code sections that deal with that, especially since you want to stay specifically to get lower rent.

You have evidently gotten your advice from a lawyer, and not a very high class one. I believe that a lawyer with good sense of responsibility would not help you to try to reduce your rent in this case, but would strongly advise you to look after your child and pay for decent housing at the prevailing rate.