Retaliatory termination notice

[elizam90]

Under California law I have withheld $200 from my rent for the last 2 months-because I have a leak in my living room that requires a bucket every time it rains. My landlord says he keeps trying to fix-it. This month I got a 30 day notice. Is this retaliatory?-should I just move or fight it? or let him evict me-I understand that is bad for credit.
Thanks-PS he has raised the rent 50% in the past 4 yrs-30% this year with 2 (increased every 6 months)!!Help!

 

[LL]

You chose to use a method whose details are not completely clear under California law. Basically, California does not have a rent withholding law, although there is a case which indicates a basis for doing so, but whose applicability is limited to the details of that case.

1. The seriousness of a leaking roof is probably all right, since that is on the list of uninhabitable items in the law about landlords duty to repair.
2. You must have notified the landlord (in a provable way) and given him sufficient time to make the repair.
3. If repairs are not made within this time, you can withhold rent, but in limited amounts. That's a critical part of the theory. The withheld rent must be no more than the reduced value of the premises.
4. The withheld rent should be put into an escrow account, not kept by the tenant.

There are risks to this stragety: If you win, the landlord will be ordered to make repairs, and you may be ordered to pay some rent. In that case, provided that you do pay the ordered rent immediatly, an eviction would be retaliatory and not allowed. If the landlord winds, then an eviction will undoubtedly follow, and will stick.

 

[LL]

I would strongly suggest not to let an eviction go forward.

If he gave you a 30 day notice, you are free to leave. I would let it go at that.

Even if it were to be retaliatory, your only opportunity to claim that would be in an eviction hearing. Besides, what does it really get you? That leaves an unlawful detainer filing on your record. It is more than just not good for your credit. It places you on a list that most landlords would not want to get involved with you.