Withholding rent for repairs

[mzimbelman]

For two years we have been complaining to our landlord about the massive leaks in the one bathroom in our apartment. The shower, bathtub and basin leak, sometimes as much as 10 gallons per day, and these leaks have cause the floor and walls to become spongy to the touch. After numerous attempts to get these leaks fixed, we have withheld the rent until the repairs are completed. On the day we notified our landlord of this withholding, we were served a 30 day termination notice. We live in a two story apartment and are worried that the leakage could cause the bathtub/shower to fall through the floor. Does this qualify under California's withholding statute? Should we have instead used the repair and deduct method? Her eviction is obvious retaliation, as we have reported this matter, and other less menacing needed repairs to the housing board. We notified our landlord on the 1st and 12 hours later we were served with the eviction papers. We were not even given a 30 day pay or quit notice. How can we fight this? Or are we in the wrong for withholding the rent?

 

[LL]

You are in the wrong for withho,ding the rent. You did not have a right to do it.

First of all, California does not have a rent withholding statute. There is a case which allows rent withholding under limited circumstances, but your case does not qualify.

Next, you do not qualify under the repair and deduct law.

Finally, you probably got your advice from a book. That wasn't smart. Most of these books are written by people who want to exploit tenant dissatisfactions and urge them to challenge the law at every turn.

I don't understand why you stayed for 2 years if you are so unhappy.

I suggest that you talk to the landlord and try to work something out. Be prepared to pay all of the back rent on the spot, including any late fees and court costs.

[Edited by LL on 04-09-2001 at 10:12 AM]

 

[dj1]

You cannot withold the rent but what you should have done is:

Buy a few disposable cameras, take pictures, of the leaks and send them certified mail to the owner, stating that the landlord must make repairs in 7 days or that he is financially responsible for all the damages caused by the leaks, and you expect your full security deposit back when you leave....

Now since you have no lease they gave you a 30 day notice to leave.

What you want to do is put the landlord on notice that it is a dangerous situation and he immediately fix it, and you will not be resonsible for the damage caused by the landlord willful refusal to cure a dangerous situation.

 

[LL]

mary hartman (aka djdj, aka dj1) likes to feel like a big shot, telling you to "PLACE THE LANDLORD ON NOTICE AND HE MUST IMMEDIATLY FIX IT", but you are leaving in less than 30 days, and thus your "notice" has no effect.

"mary" is a crackpot. If you had asked him before you withheld rent, he would have told you to do it.

The landlord is not even obligated to answer such a letter. Under such circumstances, in California, I am able to go out to the unit (or even bring a contractor) find what you described, do nothing and charge the tenant for an unwarranted inspection, including the contractor's fee, and my time and mileage. Do you think that crazy mary would pay this for you?