Can a landlord keep collecting rent if necessary repairs are not done such as kitchen cabinets are water damaged due to

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Customer: Can a landlord keep collecting rent if necessary repairs are not done such as kitchen cabinets are water damaged due to a burst pipe and there is mold, no vent in bathroom and dry rot under bathtub.
Answered by Lori in 5 mins 2 years ago
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Lori
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Lori, Expert

Hello. Let me see if I can assist. Give me a moment to review and type my reply.

Customer
I’m in California.
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Lori, Expert

A landlord can enforce the lease for payment. However, a tenant can make demand for repairs and maintenance to make the property habitable. If the landlord refuses, the tenant can make the repairs and deduct from the rent or give notice to the landlord that the tenant is withholding rent.

In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with state and local housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord and the landlord is required to respond within a reasonable time by making the necessary repairs. When the landlord fails to respond within a reasonable time, the tenant has the following options: The tenant can make the repairs (call someone to fix the water damage/mold) and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. The condition you describe is a health and safety issues which constitute breaches of the implied warranty of habitability.

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Customer
Hi Lori. The issue is I live in a 2nd home owned by my parents. The agreement was I pay them for a few years in which the house was paid off before I moved in and they said was going to be mine anyway but I never got it in writing. I was led to believe the house was going to be mine but now realize this may not be the case. So since I believed the house was going to be mine I dealt with these poor living conditions. With time the conditions got worse with more use and original wear and tear plus lack of maintenance. When I moved in the windows did not open and close they were broken. I paid them rent every month and dealt with these conditions. The kitchen exhaust never worked and every time I cooked the whole house would fill with smoke, the kitchen cabinets are original the squeak and under the cabinets there has always been water damage since I first moved in. In the bathroom the same thing no exhaust fan, broken window original tub with mold dry rot under the tub. We have paid for and done minor repairs like painting the house,paint interior, fix minor plumbing.The house is from 1946 there was never any maintenance done. The kitchen sink pipe burst and their home insurance send an adjuster to take pictures and do and inspection. The insurance denied the claim because they stated wear and tear and failed to maintain they also noted previous water damage and dry rot long term issue under bathroom. I can’t continue living this way. I told my parents to repair these issues we are breathing in mold spores. They said well you pay the kitchen and bathroom remodel and I said the house is not mine it is not written that it will be mine. The want me to resume paying rent again despite these conditions. I have proof with pictures of the conditions when we moved in and I kept the checks of rent I paid them previously and receipts from out of pocket expenses. What do you think I can do in this case to resolve it? I feel the kitchen and bathroom should of been repaired before I moved in. It’s been years and nothing has changed. Thanks for advice and helping me find a resolution.
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Lori, Expert

You can withhold rent with notice to the landlord (parents) for failure to maintain or repair. You can move out or you can just stop paying rent by serving written notice due to the lack of repairs and maintenance. The property owner/landlord has the obligation to repair. Your written notice will put them on notice of the conditions and why you are not paying rent. You can use that in court if needed later on. You should not just stop paying rent with this notice.

Customer
Thank you Lori. I appreciate your help.
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Lori, Expert

You are welcome.

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