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CA: Bad LandLord

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  • CA: Bad LandLord

    What I can do to a bad landlord that won't fix our house? We have been living here since September and we have been wanting to move out since December but he does not want to return our security deposit, and he has been threatening us with eviction since December! We already had a building inspector check out the house and he had told us that the house is not in livable conditions (no smoke detectors, bad plumbing, power shortages, ect.) and the land lord has many other complaints from other tenants, and as soon as we move out the house will be closed. We had told the land lord and on the same day he had placed a 3 - day Notice to pay rent or quit on the back door of the house, we had given him a one month notice that we were moving out! i also have pictures of the house if you are interested in seeing them.

  • #2
    Re: CA: Bad LandLord

    A Three-Day Notice to Pay Rent or Quit is not valid if served before the rent is delinquent. If the obligation demanded has not been corrected within three days after the notice was served, the landlord can then file suit in court to have the tenant evicted. Seek help from a lawyer specializing in Tenant’s Rights.

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    • #3
      Re: CA: Bad LandLord

      Originally posted by IsaelG95 View Post
      What I can do to a bad landlord that won't fix our house? We have been living here since September and we have been wanting to move out since December but he does not want to return our security deposit, and he has been threatening us with eviction since December! We already had a building inspector check out the house and he had told us that the house is not in livable conditions (no smoke detectors, bad plumbing, power shortages, ect.) and the land lord has many other complaints from other tenants, and as soon as we move out the house will be closed. We had told the land lord and on the same day he had placed a 3 - day Notice to pay rent or quit on the back door of the house, we had given him a one month notice that we were moving out! i also have pictures of the house if you are interested in seeing them.
      You're doing what's necessary so far.

      You CAN'T withhold rent just because you think the property needs repairs. Those repairs need to significantly impact the health or safety of the occupants. If you had a building inspector out to inspect the property for defects, and those defects met the above requirements, then they should have issued a citation to the LL/owner along with a notice giving them a specific amount of time to repair the defects or face a fine. If they were really bad, it would have included an order to vacate the premises.

      Was the inspection performed by the city or county? Did you get a copy of the notice of violation for your records?

      If the LL's response was to serve you with a 3-day Pay or Quit Notice, then they are probably hoping that you won't fight them or cause them any further problems. Since you are already planning to move out, then there's a very real possibility that you'll be gone before you have to go to court over this. If they DO file an Unlawful Detainer against you, whatever you do, DO NOT ignore it. File your answer with the court and take it to trial so that the LL doesn't get a default judgment against you for that unpaid rent.

      More information on the law as it applies to the Rent Withholding remedy: http://www.dca.ca.gov/publications/l.../repairs.shtml
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        Re: CA: Bad LandLord

        You do not get your deposit back until after you have moved out. In this situation I suspect it will involve going to court. If you are low income , Google "CA low income tenant legal aid" get guidance before making a mistake that will shift the uninhabitable home vacate process responsibility to you.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

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        • #5
          Re: CA: Bad LandLord

          Originally posted by sandyclaus View Post
          You're doing what's necessary so far.

          You CAN'T withhold rent just because you think the property needs repairs. Those repairs need to significantly impact the health or safety of the occupants. If you had a building inspector out to inspect the property for defects, and those defects met the above requirements, then they should have issued a citation to the LL/owner along with a notice giving them a specific amount of time to repair the defects or face a fine. If they were really bad, it would have included an order to vacate the premises.

          Was the inspection performed by the city or county? Did you get a copy of the notice of violation for your records?

          If the LL's response was to serve you with a 3-day Pay or Quit Notice, then they are probably hoping that you won't fight them or cause them any further problems. Since you are already planning to move out, then there's a very real possibility that you'll be gone before you have to go to court over this. If they DO file an Unlawful Detainer against you, whatever you do, DO NOT ignore it. File your answer with the court and take it to trial so that the LL doesn't get a default judgment against you for that unpaid rent.

          More information on the law as it applies to the Rent Withholding remedy: California Tenants - California Department of Consumer Affairs
          I would say the house needs major repairs and is in unsuitable conditions for someone to live in. and we have had many hospital visits due to it.

          The inspection was with the city. and yes.

          and we will be out at the end of January.

          What is the next possible step i can take or what can i do to prepare myself for what is to come?

          Comment


          • #6
            Re: CA: Bad LandLord

            Originally posted by IsaelG95 View Post
            What I can do to a bad landlord that won't fix our house? We have been living here since September and we have been wanting to move out since December but he does not want to return our security deposit, and he has been threatening us with eviction since December! We already had a building inspector check out the house and he had told us that the house is not in livable conditions (no smoke detectors, bad plumbing, power shortages, ect.) and the land lord has many other complaints from other tenants, and as soon as we move out the house will be closed. We had told the land lord and on the same day he had placed a 3 - day Notice to pay rent or quit on the back door of the house, we had given him a one month notice that we were moving out! i also have pictures of the house if you are interested in seeing them.
            Is your rent paid and current? If so, then a landlord is prohibited from retaliatory eviction when a tenant gets a notice to leave within six months after filing complaints with the city for needed repairs.

            See California Civil Code Section 1942.5. If the eviction you believe is retaliatory then you may respond to the summons with your defense and the judge will decide if that is so.

            If the rent is delinquent, then you may respond to the summons, explain the needed repairs and place the rent with the court. But you must respond or else eviction will be ordered, your time to vacate will be summary, and you will have that black mark on your credit report for 7 years.

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