Black People : Landlord & Tenant Issues...

Discussion in 'Black People Open Forum' started by spicybrown, Jan 7, 2006.

  1. spicybrown

    spicybrown Well-Known Member MEMBER

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    Good Afternoon, Ladies & Gents!! I need a little bit of advice. I have a landlord who is obviously a slumlord (private owned). This monster is too lazy to fix, or hire anybody to fix damages in our house. I held out on rent for 2 months simply because he refused to do so. We pay $900 monthly, and lived there for 28 months. Is it rightful for him to evict us for failure to pay? Can't I countersue for negligence. In court, would he owe us back every dollar we paid since he refused, and halfway fixed Some things? Feed back please. Particularly Cali residents.
     
  2. nevar

    nevar Well-Known Member MEMBER

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    i'm not from cali but i would say this. i hope spicy that you took pictures of the condition of the property. yes by law he has the right when it comes time for you to show up in court. have your proof that the place wasnt rentable. if you say judge we refused to pay because the plumbing show proof, and if you did repairs have your receipt. where i lived one of my children room had severe mold and was sick all the time. i took pictures not only of the mold but had documentation of my children going to the doctor. when we moved from the apt they didnt pursue what we owed them because we called the health dept on them. and they was given notice of the cleanup and oh forgot my children were bitten by fleas. they claimed they cleaned the carpet if was founded to be untrue. they was angry for us turning them in but my doctor was very angry and appalled of the condition the bites had left. prompted him to get the health dept on them. let him take the proper procedure but make sure you have your smoking gun pictures and if have time get a apprasial or estimate how much it would have taken for you to do work yourself. and oh he may just award you your deposit back.
     
  3. panafrica

    panafrica Well-Known Member MEMBER

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    Have no fear sister Spicybrown, brother PanAfrica is here! It is amazing how little people are aware of their rights as a tenant, and landlords prey on this ignorance. In most cases a tenant is within their rights to withhold rent until necessary repairs are made, and no a landlord can not evict you in that case. Here is a link to Tenant Rights in Cali, for you to look up your specific situation:

    http://www.dca.ca.gov/legal/landlordbook/
     
  4. Dual Karnayn

    Dual Karnayn Well-Known Member MEMBER

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    Spicy

    I know housing is high over in Cali but if you have $900 to spend RENTING a house for 28 months, you'd be better off investing that money in BUYING one.
     
  5. Steve69

    Steve69 Well-Known Member MEMBER

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    In most states you still have to pay rent. Otherwise a lot of tenants would use the excuse to hold off paying rent when they could not afford it. They would break something or come up with some complaint to withhold rent. Not saying this is what you are doing just explaining why the law.
    Call your local Clerk of General District Court. What you usually do is file a claim and pay the local court which holds rent money until the case is heard. If you don’t pay your rent then you are in breech of contract and landlord can evict. Even with your problems, most judges will still evict since you did not follow the law on how to withhold the rent from the landlord and 2 wrongs don’t make a right.
    If you think about it the law seems like a fair way to handle the problem.
    Also you must have proof that you have notified the landlord of the problems and given him a reasonable time to correct it.
    In reality most of the time it is better just to get the landlord to let you out of lease and move. If have a slumlord they most likely look for any excuse for another reason to evict you after you go to court.
    If you do move out without permission, make sure you can document that you tried to get him to do repairs in a reasonable amount of time or he may sue you for damages.
    If repairs needed are bad another way is to call the local building inspector and they can make the landlord fix some things no matter who is living there.
    Hope this helps.
     
  6. panafrica

    panafrica Well-Known Member MEMBER

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    The following is California's specific tenants rights in this situation:

    http://www.dca.ca.gov/legal/landlordbook/repairs.htm
     
  7. spicybrown

    spicybrown Well-Known Member MEMBER

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    Relieved...

    Thank You for the link, Brother PanAfrica. Believe me my landlord is a slumlord to the fullest. This guy has a way of paying off the Building Inspectors thousands of dollars just to NOT inspect the other properties.
     
  8. spicybrown

    spicybrown Well-Known Member MEMBER

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    Dual Karnayn......

    You are recisely right, Dual K. If I win back all that rent that I paid, we'll definately get that 4 bdrm, 2 bath that we have our eyes on. Unfortunately $900 is moderately low rent for a house in Cali, considering it is only a 2 bdrm, 1 bath. Good looking out guys. Appreciate it.
     
  9. spicybrown

    spicybrown Well-Known Member MEMBER

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    Nevar.....

    Thanks Nevar, sounds like the law was on your side there. It's good to hear your children are o.k. after all that mess. My silly-willy landlord doesn't even have the nerve to fix anything after I threatened to call inspection, and Fair Housing. I am to take pictures today for proof, and also called Child Proctective Services (CPS), just so he doesn't report my daughter living in uninhabitable conditions..THAT ARE HIS FAULT. We will be moving Feb 1st. Thank Goodness. Good lookin' out.
     
  10. Dual Karnayn

    Dual Karnayn Well-Known Member MEMBER

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    Spice

    Deeeeeeyum

    What'chall need with 4 bedrooms......

    Yall wear 'em out like that?
     
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