U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > California
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Old 04-24-2011, 04:33 PM
3 posts, read 8,081 times
Reputation: 10


I've been living in this place for about three years. For over a year, I've told the nephew of the landlord, who lives on the property and is officially the property manager, that we have a visible hole in the roof which is viewable through the fan in the bathroom. This hole is causing water damage in the bathroom ceiling and walls, as well as filling the attic with mold. Also, since we've moved in, I've had issues with my bathroom sink... it leaks and gets clogged often. They've sent a plummer out to fix it, but it's still leaking every time he leaves, and when he unclogs the sink, it only lasts for a week or two. All I use the sink for is brushing my teeth and washing my hands after the bathroom, nothing major that would cause a clog.
I plan on not paying next month's rent, saving up the money and moving to a new place. I'm going to send my landlord the following letter:

The purpose of this letter is to inform the recipient of our intent to invoke our tenant’s rights of rent withholding remedy and abandonment remedy.
According to the rent withholding remedy, 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(Green v. Superior Court (1974) 10 Cal.3d 616 [111 Cal.Rptr. 704]). The defects must be substantial—they must be serious ones that threaten the tenant’s health or safety. This includes plumbing blockages, which have plagued our secondary bathroom for months.
The abandonment remedy states that a tenant can abandon (move out of) a defective rental unit. In order to use the abandonment remedy, the rental unit must have substandard conditions that affect the tenant’s health and safety, and that substantially breach the implied warranty of habitability (California Practice Guide, Landlord-Tenant, Paragraph 3:115-3:116, 3:126). The tenant is not responsible for paying further rent once he or she has abandoned the rental unit (Civil Code Section 1942).
Existing issues which are not pursuant to the implied warranty of habitability include holes in roof which have caused water damage and mold, bathroom sinks which have caused water damage and mold, windows what won’t close and an unworking furnace which translate. Holes in the roof and broken bathroom sinks have been reported to the property management for an amount of time greater than one calendar year. Agreement to an unworking furnace was made upon rental of the unit, however, coupled with windows that won’t close, it creates substandard living conditions that deviate from guidelines specified by the warranty of habitability.
Is this legit?
Reply With Quote Quick reply to this message

Old 04-24-2011, 06:36 PM
Location: Coachella Valley, California
15,564 posts, read 36,473,016 times
Reputation: 13177
If I were you, I would substitute the word "abandon" or "abandonment" for the term "constructive eviction". I would also omit the reference to "agreement to an unworking furnace".

Have you read the Green case? The issue and rule of the Green case is that a landlord cannot evict a tenant in retaliation for a tenant bringing a warranty of habitability suit against the landlord. If you are going to cite cases in your letter, you better read the cases and understand them first.

A few tweaks to the letter and it should be fine.
Reply With Quote Quick reply to this message
Old 04-25-2011, 02:05 PM
Location: Eureka CA
8,140 posts, read 11,041,171 times
Reputation: 12381
NOLO Books has a helpful book on Landlord-tenant law in California. You can order it from their website.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.

Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply

Loading data...
Based on 2000-2016 data
Loading data...

Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > California
Follow City-Data.com founder on our Forum or

All times are GMT -6. The time now is 06:19 AM.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top