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California tenant laws/legal advice

Discussion in 'Off-Topic Discussion' started by theredofshaw, Jan 19, 2011.

  1. Jan 19, 2011 at 4:55 PM
    #1
    theredofshaw

    theredofshaw [OP] Well-Known Member

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    So, I have a landlord that is refusing to make repairs on my apartment. They claim they are not responsible for repairing weatherstripping on my front door or fixing the 1inch gap underneath the door leading to the garage. Whenever it gets chilly here I am unable to run my heater or the A/C in the summer because it just blows right out through those gaps. I have brought this issue to the attention to my landlord several times (sending pictures as well) during the last couple months and nothing is getting done.

    Anyone have any suggestions? Can't move because I am locked into a lease, don't want to NOT pay my rent because I am not trying to get evicted. I believe this is a health issue and I'm almost positive that landlords are supposed to ensure the property is suitable for living. When it has been 50*, it has been equally as cold indoors.
     
  2. Jan 19, 2011 at 4:58 PM
    #2
    magikbean562

    magikbean562 once flirted with danger, danger got clingy

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    from what i know, you can withhold rent till the issues are fixed. i dont know what your contract consists of, but it sounds fishy to me. ill ask my girl (she works at a lwayers office) but you can find local lawyers who specialize in that type of stuff here http://www.handelonthelaw.com/home/default.aspx best of luck, keep us posted.
     
  3. Jan 19, 2011 at 4:59 PM
    #3
    KCin HBCA

    KCin HBCA Well-Known Member

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  4. Jan 19, 2011 at 5:07 PM
    #4
    blackwidow2009

    blackwidow2009 Well-Known Member

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    I live in Ohio, ... every state has different laws. I would'nt say with-holding rent is legal; BUT, in Ohio, a tenant can take the evidence like pictures, to the state (this is not the courts) and continue to "pay the state". Your still paying your rent and can not be convitect for not paying because you are, BUT the state will hold all rent moneys until the problems are fixed, then the state will release all your rent money to the landlord.

    also, here's an idea...if you think these are health issues...call the EPA.
     
  5. Jan 19, 2011 at 5:37 PM
    #5
    scottri

    scottri Well-Known Member

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    You can withhold the rent but you have to hold it in escrow meaning you need to prove you have the money to pay but you are not. You need to notify them in writing that you are doing it and why.
     
  6. Jan 19, 2011 at 5:52 PM
    #6
    theredofshaw

    theredofshaw [OP] Well-Known Member

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    I'm sure i could as well, but that's not the point. If I were to do that, I would want to short them the amount for materials when I pay rent, but not sure if that is legal.
     
  7. Jan 20, 2011 at 8:13 AM
    #7
    BCTacoma2010

    BCTacoma2010 Michigan Member

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    I have to agree with Phantom. Is it really worth all of the other headaches for something so trivial.

    I used to live in an apartment that didn't have a door sweep and the air from the hall always smelled like smoke from the other apartments. It took a $5 item from Lowe's to fix the issue.
     
  8. Jan 20, 2011 at 10:55 AM
    #8
    Toph

    Toph Addicted to V8s

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    I would just fix it myself...not worth the trouble. I'd save pissing him off for something bigger.
     
  9. Jan 20, 2011 at 11:00 AM
    #9
    flightcancled

    flightcancled Addicted

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    Save legal actions in case something more major happens. I would call and say that you are going to fix it yourself and just ask if you can take it off the rent. Most landlords are ok with that. If they aren't it is still a trivial amount of money.
     
  10. Jan 20, 2011 at 3:25 PM
    #10
    Evil Monkey

    Evil Monkey There's an evil monkey in my truck

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  11. Jan 20, 2011 at 11:09 PM
    #11
    TACOMA TRD

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    I am a landlord, I cant believe that this landlord is not taking the proper steps measures to correct this small issue. Its called general maintenance, and he could write the expense off come tax time.

    I usually fix all issues with 24hrs of claim. Exception, for loss of heat which is immediate.
     
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