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Withholding Rent

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AWilson91

Junior Member
Residing in Inglewood, California no rent control!
On November 1st 2017 I purchased a duplex residential unit from my Grandmother.
My brother is renting the front unit out but hasn’t paid my grandmother rent in over 2 years. My brother changed the locks and didn’t allow anyone inside the unit over the course of a 2.5 year period and when I finally needed to see the dwelling for purchase I found it to be severely damaged and disgusting. He had 8 dogs in total in the kitchen in cages and the bathroom was completely water damaged leading out to the hallway damaging the hardwood floors. He never reported any water damage from the toilet or said anything to my grandmother as far as repairs. I told my brother I was purchasing the home and that I wanted to get the places renovated and completely remodeled. I told him I wouldn’t charge him for the damage that was caused unless he signs a new lease agreement with me and get rid of all the pets. I offered to let him stay in a extra empty room in my grandmothers unit but It took him 2 weeks to sign the “month to month” rental agreement and when finally signed he continued to have the pets. I offered to have his furniture professionally wrapped and moved into his garage until unit is repaired and finished in 30 days but he refused to go to the empty room in the other unit and asked for me to pay for relocation fees in a hotel room instead. I gave him a 3 day eviction notice for the dogs and not giving me all keys to the unit because he changed the locks from when my grandmother owned the duplex. He corrected the violations after the 3 day notice was up the dogs returned so now I have to give him another 3 day notice. He is now “withholding rent” saying the unit he and his pets destroyed is uninhabitable and he is refusing to leave. I gave him a 30 day notice the same day as I gave him a 3 day notice because he’s my brother and I don’t want him to have a eviction on his credit report. I’d rather him just move on and grow up. Can someone please tell me what I can do? He’s withholding the total $1250 for this month and each unit rent market value is $2050 each I gave him a huge discount to help him get on his feet but it’s backfiring and he doesn’t want to pay rent! What can or should I do?
 


Just Blue

Senior Member
Residing in Inglewood, California no rent control!
On November 1st 2017 I purchased a duplex residential unit from my Grandmother.
My brother is renting the front unit out but hasn’t paid my grandmother rent in over 2 years.

My brother changed the locks and didn’t allow anyone inside the unit over the course of a 2.5 year period and when I finally needed to see the dwelling for purchase I found it to be severely damaged and disgusting. He had 8 dogs in total in the kitchen in cages and the bathroom was completely water damaged leading out to the hallway damaging the hardwood floors. He never reported any water damage from the toilet or said anything to my grandmother as far as repairs.


I told my brother I was purchasing the home and that I wanted to get the places renovated and completely remodeled. I told him I wouldn’t charge him for the damage that was caused unless he signs a new lease agreement with me and get rid of all the pets. I offered to let him stay in a extra empty room in my grandmothers unit but It took him 2 weeks to sign the “month to month” rental agreement and when finally signed he continued to have the pets.

I offered to have his furniture professionally wrapped and moved into his garage until unit is repaired and finished in 30 days but he refused to go to the empty room in the other unit and asked for me to pay for relocation fees in a hotel room instead. I gave him a 3 day eviction notice for the dogs and not giving me all keys to the unit because he changed the locks from when my grandmother owned the duplex. He corrected the violations after the 3 day notice was up the dogs returned so now I have to give him another 3 day notice.

He is now “withholding rent” saying the unit he and his pets destroyed is uninhabitable and he is refusing to leave. I gave him a 30 day notice the same day as I gave him a 3 day notice because he’s my brother and I don’t want him to have a eviction on his credit report. I’d rather him just move on and grow up. Can someone please tell me what I can do? He’s withholding the total $1250 for this month and each unit rent market value is $2050 each I gave him a huge discount to help him get on his feet but it’s backfiring and he doesn’t want to pay rent! What can or should I do?
Edit with "white space" in this big block of text. :)
 

HRZ

Senior Member
Tenants have a big pile of rights in CA ...and you need to study the rules and play hardball OR better yet hire an attorney who specializes in getting tenants out ....
 

Zigner

Senior Member, Non-Attorney
Here's the info on the "repair and deduct" remedy available to tenants in California: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml
 

PayrollHRGuy

Senior Member
From the above link about repair and deduct.

1. The defects must be serious and directly related to the tenant's health and safety.158
2. The repairs cannot cost more than one month's rent.
3. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.
4. The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.
5. The tenant must inform the landlord, either orally or in writing, of the repairs that are needed. (See "Giving the landlord notice".)
6. The tenant must give the landlord a reasonable period of time to make the needed repairs.
 

FarmerJ

Senior Member
In the end your wish for him to not have a eviction record will end up costing you a lot more money, brother or not he is grown and obviously doesn't really give a rats behind about being related to you or gram and would most likely either let history repeat it self by damaging the unit all over again once repaired or refusing to pay rent. Go ahead and get it done and get him out and just deal with the cost of doing so.
 

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