Black People : Landlord & Tenant Issues...

Steve69 said:
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.

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

By law, a tenant is allowed to withhold (stop paying) some or all of the rent if the landlord does not fix serious defects that violate the implied warranty of habitability.126 (See discussion of the implied warranty of habitability.) In order for the tenant to withhold rent, the defects or repairs that are needed must be more serious than would justify use of the repair and deduct and abandonment remedies.127 The defects must be serious ones that threaten the tenant's health or safety.128

The defects that were serious enough to justify withholding rent in Green v. Superior Court129 are listed below as examples:

Collapse and nonrepair of the bathroom ceiling.
Continued presence of rats, mice, and cockroaches.
Lack of any heat in four of the apartment's rooms.
Plumbing blockages.
Exposed and faulty wiring.
An illegally installed and dangerous stove.
In the Green case, all of these defects were present, and there also were many violations of the local housing and building codes. In other situations, the defects that would justify rent withholding may be different, but the defects would still have to be serious ones that threaten the tenant's health or safety.

In order to prove a violation of the implied warranty of habitability, the tenant will need evidence of the defects that require repair. In the event of a court action, it is helpful to have photographs or videos, witnesses, and copies of letters informing the landlord of the problem.

Before the tenant withholds rent, it is a good idea to check with a legal aid organization, lawyer, housing clinic, or tenant program to help determine if rent withholding is the appropriate remedy.

The basic requirements and steps for using the rent withholding remedy are:

1. The defects or the repairs that are needed must threaten the tenant's health or safety.130

The defects must be serious enough to make the rental unit uninhabitable. For example, see the defects described in the discussion of the Green case above.

2. The tenant, or the tenant's family, guests, or pets must not have caused the defects that require repair.
3. The tenant must inform the landlord either orally or in writing of the repairs that are needed. (See "Giving the landlord notice," below.)
4. The tenant must give the landlord a reasonable period of time to make the needed repairs.

What is a reasonable period of time? This depends on the defects and the type of repairs that are needed.

5. If the landlord doesn't make the needed repairs within a reasonable period of time, the tenant can withhold some or all of the rent. The tenant can continue to withhold the rent until the landlord makes the repairs.

How much rent can the tenant withhold? While the law does not provide a clear test for determining how much rent is reasonable for the tenant to withhold, judges in rent withholding cases often use one of the following methods. These methods are offered as examples.
Percentage reduction in rent: The percentage of the rental unit that is uninhabitable is determined, and the rent is reduced by that amount. For example, if one of a rental unit's four rooms is uninhabitable, the tenant could withhold 25 percent of the rent. The tenant would have to pay the remaining 75 percent of the rent. Most courts use this method.
Reasonable value of rental unit: The value of the rental unit in its defective state is determined, and the tenant withholds that amount. The tenant would have to pay the difference between the rental unit's fair market value (usually the rent stated in the rental agreement or lease) and the rental unit's value in its defective state.131

6. The tenant should save the withheld rent money and not spend it. The tenant should expect to have to pay the landlord some or all of the withheld rent once the repairs have been made.

If the tenant withholds rent, the tenant should put the withheld rent money into a special bank account (called an escrow account). The tenant should notify the landlord in writing that the withheld rent money has been deposited in the escrow account, and explain why.


Depositing the withheld rent money in an escrow account is not required by law, but is a very good thing to do for three reasons.

First, as explained under "RISKS" below, rent withholding cases often wind up in court. The judge usually will require the tenant to pay the landlord some reduced rent based on the value of the rental unit with all of its defects. Judges rarely excuse payment of all rent. Depositing the withheld rent money in an escrow account assures that the tenant will have the money to pay any "reasonable rent" that the court orders.

Second, putting the withheld rent money in an escrow account proves to the court that the tenant didn't withhold rent just to avoid paying rent. If there is a court hearing, the tenant should bring rental receipts or other evidence to show that he or she has been reliable in paying rent in the past.

Third, most legal aid organizations and lawyers will not represent a tenant who has not deposited the withheld rent money in an escrow account.

Sometimes, the tenant and the landlord will be able to agree on the amount of rent that is reasonable for the time when the rental unit needed repairs. If the tenant and the landlord can't agree on a reasonable amount, the dispute will have to be decided in court, or resolved in an arbitration or mediation proceeding (see section on Arbitration and Mediation).

RISKS: The defects may not be serious enough to threaten the tenant's health or safety. If the tenant withholds rent, the landlord may give the tenant an eviction notice (a three-day notice to pay the rent or leave). If the tenant refuses to pay, the landlord will probably go to court to evict the tenant. In the court action, the tenant will have to prove that the landlord violated the implied warranty of habitability.

If the tenant wins the case, the landlord will be ordered to make the repairs, and the tenant will be ordered to pay a reasonable rent. The rent ordinarily must be paid within a few days after the judge makes his or her decision. If the tenant wins, but doesn't pay the amount of rent ordered when it is due, the judge will enter a judgment for the landlord, and the tenant probably will be evicted. If the tenant loses, he or she will have to pay the rent, probably will be evicted, and may be ordered to pay the landlord's attorney's fees.

There is another risk of using rent withholding: if the tenant doesn't have a lease, the landlord may ignore the tenant's notice of defective conditions and seek to remove the tenant by giving him or her a 30-day or 60-day notice to move. This may amount to a "retaliatory eviction" (see section on Retaliatory Actions, Evictions and Discrimination).132 The law prohibits retaliatory evictions, with some limitations.133

Giving the landlord notice

Whenever a tenant gives the landlord notice of the tenant's intention to repair and deduct, withhold rent, or abandon the rental unit, it's best to put the notice in writing. The notice should be in the form of a letter, and can be typed or handwritten. The letter should describe in detail the problem and the repairs that are required. The tenant should sign and date the letter and keep a copy.

The notice should be sent to the landlord, manager, or agent by certified mail (return receipt requested). Sending the notice by certified mail is not required by law, but is a very good idea. Or, the tenant (or a friend) may personally deliver the notice to the landlord, manager, or agent. The tenant should ask for a signed and dated receipt showing that the notice was received, or ask the landlord to date and sign (or initial) the tenant's copy of the letter to show that the landlord received the notice. Whatever the method of delivery, it's important that the tenant have proof that the landlord, or the landlord's manager or agent, received the notice.

The copy of the letter and the receipt will be proof that the tenant notified the landlord, and also proof of what the notice said. Keep the copy of the letter and the receipt in case of a dispute with the landlord.

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

panafrica said:
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/

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.
 
Dual Karnayn......

Dual Karnayn said:
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.

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.
 
Nevar.....

nevar said:
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.

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.
 
Spice

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.
Deeeeeeyum

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

Yall wear 'em out like that?
 

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