Suing my slumlord for a year of back rent in illegal rental...help!..Ca

[Tennisluvr]

I l ive in San Diego &rent a small 1 bdrm from a slumlord! It's a month to month lease of $1500. Been there a year, I'm presently suing him in small claims court for replacing my front door which he refused to pay for!
the property I live on is zoned as a rest home with the city's Tax Assesor & City Planning & Zoning offices. I spoke to a legal Aid person who said I could sue him for all the rent I've paid to date which totals $20,000. What's changed is I can't take the roaches anymore. I decided to with hold my rent , mail him a certified letter saying that until he fixes it. A guy sprayed but it's infested the building needs to be bombed! I refuse to pay that much money when I'm so jumpy now! They r in the drawers, fall out of cabinets, walk across the walls when I have company In a nervous wreck and I'm a neat freak! He's also getting money from govmt for us in "rest home", plus all the money he gets from us! Fraud! If IIm sue him he will get shut down! I hate confrontation, but he doesn't care about us there, what do I do? Help

 

[Zigner]

First, you won't get the money back that you previously paid.
Second, withholding rent is not an acceptable remedy in your situation. You may find yourself with an eviction suit on your hands.

What you can do is contact the city to report the illegal rental and the condition of the unit. They will send an inspector out. You should be prepared to move.

 

[HRZ]

I don't know the issues about recovery of back rent...but I don't see a lot of leverage in favor of your point of view.

CA law does have provision for rent withholding ....I suggest you read up and follow the steps to a T.......if it takes the LL a long time to cure a habitability thing...so be it !!

ITs hard to evict tenants is CA if tenants follow the rules ....I would NOT rush to contact zoning or codes and invite either of them to evict you via condemnation or other steps where LL might find it long and hard to do so.

 

[Zigner]

OP pays $1,500 in rent. The OP can choose a "repair and deduct" method or can choose to withhold rent, but it must be reasonable in relation to the problem. Even $1,500 is beyond reasonable for withholding in this instance. Additionally, the OP must have given written notice to the landlord and must have given the LL a reasonable time to respond.

 

[Just Blue]

I l ive in San Diego &rent a small 1 bdrm from a slumlord! It's a month to month lease of $1500. Been there a year, I'm presently suing him in small claims court for replacing my front door which he refused to pay for!
the property I live on is zoned as a rest home with the city's Tax Assesor & City Planning & Zoning offices. I spoke to a legal Aid person who said I could sue him for all the rent I've paid to date which totals $20,000. What's changed is I can't take the roaches anymore. I decided to with hold my rent , mail him a certified letter saying that until he fixes it. A guy sprayed but it's infested the building needs to be bombed! I refuse to pay that much money when I'm so jumpy now! They r in the drawers, fall out of cabinets, walk across the walls when I have company In a nervous wreck and I'm a neat freak! He's also getting money from govmt for us in "rest home", plus all the money he gets from us! Fraud! If IIm sue him he will get shut down! I hate confrontation, but he doesn't care about us there, what do I do? Help

Was the person in the legal aide office an attorney?

 

[HRZ]

I don't know the extent of problems with front door ...in some neighborhoods to replace a front door with an equivalent working door / locks / frame to required code or whatever is needed could easily be $1500 ...been there done that where a simple door issue triggered a pile of code issues as well...

 

[Zigner]

I don't know the extent of problems with front door ...in some neighborhoods to replace a front door with an equivalent working door / locks / frame to required code or whatever is needed could easily be $1500 ...been there done that where a simple door issue triggered a pile of code issues as well...

The door has nothing to do with this. Read the OP again.

 

[HRZ]

Yep, I misread it...OPs odds on new door depend on if he followed the rules for repair and deduct ....

 

[Zigner]

Yep, I misread it...OPs odds on new door depend on if he followed the rules for repair and deduct ....

You still are misreading it. The OP paid for the door and is presently suing the LL in small claims court. The reason the OP is here is due to the roaches.

 

[FarmerJ]

You didn't say how long the roach problem has been going on BUT I can tell you that bombing doesn't work very well since it covers surfaces then people wash the surfaces down , they wash those counters off , sweep and mop floors , etc. When a roach infestation is so severe that they can easily be seen in day times then a treatment that includes a chemical that disrupts their breeding should be used and then it will take a number of treatments to keep killing the ones who hatched until finally there are no more. AS to your holding rent back , If your LL were to try to take you to court what is your paper trail that you would use in court to prove you complained to someone with the authority to make the LL act or to condemn the place? ( Your copy of city housing inspectors report ? ) Your best bet is to call inspections in and make sure you get a copy of the building inspectors report for your records. (if the place is condemned then your free to sue for a pro rated refund of rent you did not get to use up and of course your deposit funds )

 

[HRZ]

I agree with above, lay in a very solid paper trail of notices to LL as well as complaints to any and all relevant codes or housing inspectors , and for that matter a few pictures of massive roaxhes running about , if true , might just be good theater .

My read on some CA LT issues is that LL with a unit he cannot or will not bring up to Code can be backed into a corner to pay hefty relocation "allowance ."