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Old 09-13-2010, 11:07 PM
 
15 posts, read 66,026 times
Reputation: 13

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Withholding rent, 3 day notices CA?

I have been living in a place for a little over a year. During that time I have continually asked for repairs, some of the small repairs were made which gave me good faith perhaps the larger and more dangerous repairs would be made by the landlord. I got fed up, and gave them a notice stating next month if the repairs are not made I will withhold the rent. I gave them a rent check and a reminder notice stating if the repairs are not made by the 3rd I will cancel the check with the bank. The 3rd rolls I cancel the check and put a stop payment. I then transferred the rent funds into a separate account away from my own as it says on legal sites.

They wrote me a letter stating they want $100 late fee, $25 check fee, and some anonymous fee of $88 for screws that they repaired in the house more than 10 months ago. They said they will give me a 3 day notice if I do not pay them these extra fees. I certified another letter to them and have dropped one off stating that I will not pay a dime until the repairs are made.

What are the next steps that will happen after they send out a 3 day notice? I also read they are invalid if they ask for anything more than the rent in the notice, especially unwarranted charges which I know they will be including.

The issues needing fixed in my home have been here since move in and most were on the move in report:

-broken stove/oven/fan, broken dishwasher (smokes if accidentally turned on), a 3 foot damaged and broke open spot to the wall in the garage where it looks like the last tenants car hit, broken window locks, broken screens, broken window tracts, a broken and hanging weather strip to the front door, a non functioning air conditioner in the upstairs of the home, a broken smoke detector, a broken/clogged sink, a leak they spray painted with white paint in my bedroom ceiling, and the skylight in the bathroom has been having chunks of wall fall down because it is starting to crumble from the unresolved leak issues.

I kept all my emails, letters, and anything they sent to me or I sent to them. They have horrible reviews to add to it. I guess they do this a lot. I contacted the inspector, and am going to contact the health department next.

SO what goes on with the 3 day notice, and has anyone ever been in a similar situation? Anyone know where to go to find out more on CA law? I have so much evidence I was going to try pro-per or legal aid, since this is a pretty open shut case on whats happening.

And to note my son injured his foot on one of the torn up strips between the carpet/linoleum in the bathroom/hallway. It wasn't until I notified them AGAIN about his injury and sent photos that they sent someone to put the screws in and fix the door strip. This was in January, and this is what they now are wanting me to pay $88 additional for.
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Old 09-14-2010, 10:00 AM
 
21 posts, read 66,502 times
Reputation: 14
I don't have answers to your questions but here is a good link that can point you in the right direction.
http://www.hud.gov/local/ca/renting/tenantrights.cfm
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