What to do about our slum lord

Asked 5 days ago - Running Springs, CA

we rented a unit and landlord said its as is. She will not fix our electric problem and the mold in the bathroom. We live in the mountains and none of her units have smoke detectors. We had to buy one with our own money. we have not paid for a months rent and not gonna still shes does something. Are we in the wrong for this

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Stacey Ann Miller

Answered 4 days ago. Business Attorney in Pasadena, CA.

If you do not pay the rent, your landlord can still serve you with 3 Day Notice to Pay or Quit and, if you still do not pay, she can serve you with a UD Complaint. If the issues with the unit are significant enough to effect the habitability, this can be a defense to the UD action. However, you will need to be prepared to pay any rent which a Judge feels reflects the value of the property with the problems.

You can also use the "repair and deduct" remedy. That is, repair the problems and deduct the cost from the rent. However, you are limited to the problems you can correct, the amount you can spend in relation to the rent and the number of times you can do this.

Finally, you can retain an attorney to sue the landlord for civil claims. You would need to see an attorney and provide them with more information to determine what causes of action may be applicable. You do not have to move out to bring a civil action.

The information contained herein is for informational purposes only and is not intended to be relied upon by any... more

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Frank Wei-Hong Chen, licensed in California

Lawrence M Garfinkel, licensed in Connecticut

James M Lynch, licensed in Massachusetts

Lawrence M Garfinkel

Answered 4 days ago. Landlord / Tenant Lawyer in Hartford, CT.

I am not a CA attorney and you really should consult one with these questions. Typically, if you stop paying rent you can be evicted, even if you think it is justified. There are typically other ways of dealing with property condition issues. You may want to check out the local court or state court website to see if they have a tenants guide available. Since there are issues concerning electricity and smoke detectors those are usually inspection type issues and you may want to look into filing a complaint with the local code enforcement officer. Good Luck.

The author of this posting is licensed to practice law in the State of Connecticut. This posting is intended as... more

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Frank Wei-Hong Chen, licensed in California

James M Lynch, licensed in Massachusetts

Frank Wei-Hong Chen

Answered 4 days ago. Real Estate Attorney in Pasadena, CA.

There are not enough facts here to conclude whether or not your rental dwelling is considered uninhabitable to excuse you from paying rent. You could use the "repair and deduct" remedy in certain instances. However, I am not sure about the basis for stating that your landlord is a slumlord.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice.... more

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Lawrence M Garfinkel, licensed in Connecticut

James M Lynch, licensed in Massachusetts