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Looking for input on current issue with rental agency.
I currently rent a home from a company that owns multiple homes across SoCal. This isnt a typical Renter and Single land lord issue. If that even make a difference?
Anyhow since a month after we first moved in Of NOV 13 we have had plumbing issues. 5 times in the past 9 months our drains have stopped and we have had to call the emergency repair number. It always backs up after we all finish our nightly showers... We have been told since the first issue that it was a root issue in the front yard. Every plumber called has sent a camera down and verified. We have asked numerous times to have the issue resolved.
Last time the plumbing backed up we only noticed because the 5 yr old who was taking a shower was now sitting in a bath. The tub had completely filled up with backed up water and he was now playing in it....
This month we finally decided to attempt the rent withholding method. So in return they sent us an eviction notice. Out of fear we turned over the rent.
Im just wondering if we had legal right to do it? If we did, do we owe a late fee for not paying on time?
Also this week due to the extreme heat and the fact our AC cant keep the house cool, I went around checking all windows and seals. I noticed our back slider naturally sits with a 1/16 inch gap that i can see straight through. Along with a window in the master bath that sits so loose int the track it lets plenty of cold air out.
I want to send them a new letter asking for all repairs to be done immediately.
If nothing is fixed at the end of the month do I have right to withhold rent this time?
You have to follow the CA tenant law for this. They are in the post stickied at the top of this forum. Different states require different things before you can withhold rent. Some states require a court order, some a certificate from the local health department. Whatever it is for Cali, that's what you can do.
then see about rent with holding. Here in OH i have to send them a repair letter with reasonable time frame, be up to date on my rent, THEN i can put my rent in escrow if they dont comply.
Do you have proof the plumbers have said its a root issue? Like a piece of paper or bill showing its from roots? Do you have proof you told the landlord to fix it and your multiple complaints?
Rent withholding basically means that you stop paying rent to the landlord until the repairs are made. Before doing so, you need to make sure you meet the following prerequisites:
It’s a serious repair or habitability problem, not just annoying. There must be a true habitability problem that imperils your health or safety, such as a broken heater in the middle of a major cold spell, as opposed to a leaky faucet.
The problem must not be something that you or a guest caused, either deliberately or through carelessness or neglect.
You told the landlord about the problem and gave him or her a reasonable opportunity to fix it. Set a reasonable deadline and let the landlord know you intend to withhold rent if the problem is not resolved. California law gives landlords 30 days to fix habitability problems, less if the circumstances warrant prompter attention. A broken front door lock, for example, requires immediate attention, not 30 days.
You’ve withheld a reasonable amount of rent, relative to the problem. Unless you’ve had to move out because of an unfit rental, you are not entitled to stop paying rent entirely. You must pay the landlord the reasonable value of the rental in its unfit state or deduct rent based on the value of the part of the unit affected by the defect.
You’ve complied with any local laws on rent withholding—for example, a requirement (in a few cities) that you pay the withheld rent directly to a city escrow account.
Just some info to fortify what has already been posted....
Google: california landlord tenant law and california landlord tenant rights and responsibilities
Become familiar with the material so you can help interpret your own situation and then act accordingly.
The AC cannot be used as an excuse to withold rent. While some people may consider air conditioners a necessary item, California law considers them amenities. In other words, air conditioners are not required in rental properties to make them habitable. According to California Civil Code 1941, habitable rental units must have working gas, heat, electric and plumbing systems; sanitary conditions with adequate trash receptacles; working sink, toilet and tub or shower; fire and emergency exits; working smoke detectors and deadbolt locks on all outside doors. Air conditioning is not on the list of features that landlords must provide with an apartment, so tenants cannot force a landlord to put in an air conditioner.
Many cities have a landlord/tenant commission that helps resolve disputes between parties. If your town has one, I'd call for their advice. In many cases, you can't stop paying rent. Another solution is for you to hire a repair person yourself and ask that the cost be credited to your rent. Again I'd ask LL first.
Based on what you said you really cannot withhold rent. The plumbing issue is about as close as you can get and that's iffy. You would have to document that the water backing up makes the house uninhabitable. And it really doesn't. Its a pita and sucks that they won't fix it correctly but it's not uninhabitable. I would simply send a demand for repair letter explaining the problem. They probably won't fix it but if you decide to break the lease its ammo in your arsenal. And my other suggestion is to give notice as soon as your lease comes to a end and move to another place.
The AC issue isn't a issue because AC is not considered a habitability issue. Now if the heater isn't working that's a habitability issue. The windows and doors not closing correctly can be a safety issue because they must lock. Gaps and leaks are not safety issues.
I would start looking for other places to move to. You have the time start shopping
Good luck.
I have read these numerous times the past few days along with a few other sites I neglected to book mark.
I believe I am within my rights to with hold the rent. The plumbing completely backing up and our 5 yr old playing in the plumbing water is far from an annoyance and is a severe habitability issue and does interfere with safety. I chose to with hold the entire rent not just part since, when raw sewage is sitting in the tubs in all the bathrooms and the stench is so bad you cant be in the house, i deem the entire property affected. However this is only when its backed up. The last plumber that came and snaked the drain said we were at less than 40% flow. Does that mean I should only be withholding 60% of the rent?
I believe 9 month is reasonable time to fix issue. All plumbers that have come have told us it was roots, the last 2 even wrote up full reports for the rental company about the root issue.
As for the air conditioner, i wasn't saying that was the reason for withholding. The fact the house has numerous cracks and gaps around the exterior, i want to force them to fix it since it does cause issues with habitability. Not saying in habitable like with the plumbing.
I hope this clarifies most of the questions on if I have read the laws. I know this site must get 99% of the posts from people who didn't bother to ready their local laws but I have. Im just looking for advanced advice. Maybe someone from California who has been in a similar situation?
Mrs Christina, your entire second post is the sinopsis of the "rent with holding" section on California Tenants - California Department of Consumer Affairs . According to my above statements do you deem my actions unfit or within reason? Please explain why for either option please.
I chose to with hold the entire rent not just part since, when raw sewage is sitting in the tubs in all the bathrooms and the stench is so bad you cant be in the house, i deem the entire property affected.
The quality of the answers you get is dependent on the quality of the information provided. Had you mention the highlighted portion when you FIRST sought advice, I bet the answers would have all been different. We are NOT mind readers and don’t have magic wands to determine the degree of your problem unless you tell us.
Based on your initial post I also believed you had no lawful basis to withhold rent. Now based on this NEW INFORMATION, you may have a reason. Did you contact the appropriate health department for an inspection while the problem was existing?
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