When you rent a house or an apartment, the landlord must give you a decent place to live, and you must pay the rent.

Landlords often do not want to fix things because it is expensive to make repairs. Sometimes landlords promise that they are going to fix things, and then don't do it, or they just refuse altogether. A landlord does not have to make things perfect, but he or she does have to make it decent.

- Here are some examples of things that landlords must fix:

• The roof leaks when it rains
• The toilet does not work
• There is no hot water
• The heater does not work and its winter
• You have no electricity
• You have just moved in recently, and the home is infested with rats, mice and roaches
• There are no garbage cans
• There are big holes in the floor

- Here are some examples of things landlords do not have to fix:

• The swimming pool is not heated
• There is a tiny crack in the wall
• There are spider webs in the corners
• The carpet is stained
• Your son threw a baseball through the window
• You don't have an air conditioner (Yes, it's true, they don't have to give you an air conditioner!)

 

 

WHAT CAN YOU DO IF YOUR LANDLORD WON'T FIX THINGS?

If you live in our service area, call or visit Central California Legal Services (CCLS) for help (see link below). Our services are free if you qualify. We may be able to contact your landlord for you, write a letter, give you legal advice, or even go to court for you if that would help. If you do not live in our service area, check your telephone directory for the legal services or legal aide office nearest you. If you do not qualify for help through a legal services program, we recommend that you consult with a private attorney to become fully apprised or your rights and responsibilities under the law. Contact your local Bar Association for more information.

Write your landlord a letter. Whenever you want repairs done to your home, you must write your landlord a note, with the date on it, and keep a photocopy (Xerox) of it for yourself. You may need this copy of the letter later if you have a problem.

Call the local city or county code enforcement officer and ask for an inspection. If the landlord still won't fix things after you write the letter, you can have the inspector come out, inspect your property, and write a warning letter to the landlord. You will get a copy of this letter—keep it, because you might need it later if you have a problem.

"Repair & Deduct". If the landlord still won't take care of the problem, you can pay someone to fix it, and deduct the cost of the repair out of the next month's rent. However, if you are going to do this, it must be done correctly, or you will be evicted! Please contact CCLS, another legal services office or a private attorney first for legal advice before you try this. However, if you want to do this yourself, here are the rules:

1. The problem must be serious, not just a minor problem like a spot on the wall.
   
   
2. The problem must be something that you did not cause.
   
   
3. The cost of the actual repair may not be more than one month's rent.
   
   
4. You can't “repair and deduct” more than twice a year.
   
   
5. You need to notify your landlord 30 days ahead of time, in writing, that you need things fixed. (You can give less than 30 days if it is an emergency, and you don't "technically" have to write a notice, but it's safer that way.) Keep a copy of the notice—you might need it later if you have a problem.

 

Assuming you followed the rules above, and when the following month's rent is due, give the owner or manager a copy of the receipts for all the expenses, along with the balance of the rent. E.g. if the rent is $625 per month and the bills for the repairs add up to $280, give your landlord a check for $345 and a copy of the receipts (keep the original receipts in case you have a problem later).

Withhold rent until the landlord fixes things. This is the last resort. We strongly advise against not paying the rent unless you have been advised to do so by someone from our office because it's risky! However, sometimes this can be a good way to get the landlord to make repairs if you have already tried all the things listed above, but they don't work. Here's how it works:

• First, you have already written your landlord a letter about repairs, the building inspector has written a letter to the landlord too, agreeing with your letter, and you have taken photos of the problems in your home that the landlord won't fix.
• CCLS, another legal services office or a private attorney tells you to go ahead and not pay rent.
• Then you stop paying rent.
• Next, the landlord gives you a "3-day notice to pay rent or quit." You still don't pay.
• Next, the landlord files an Unlawful Detainer lawsuit in court to evict you, and you receive court papers with a court number on them. You immediately bring these papers to the nearest CCLS office, another legal services office or a private attorney for help.
• CCLS, another legal services office or a private attorney prepares an "Answer" to the lawsuit, which you file at court. The Answer explains your legal defense: that you did not pay rent because the landlord wouldn't fix things.
• Next, the court sends you a notice of the court date. You will want to tell the person at CCLS or whoever has been helping you about every paper you get. CCLS may even provide you with an attorney who will then take over and represent you at your trial.
• At the trial, the landlord will ask the judge to evict you because you did not pay rent. You (or your attorney) will ask the court to let you stay and reduce the rent because your home is not worth what you are being charged for it.
• If you lose, the sheriff will lock you out in 5 days after the trial. If you win, you get to stay, and your rent will be less! The judge may even order the landlord to fix things.

Some things to remember...

Always let the landlord in if he or she wants to fix things - they always try to say that you didn't let them in when they came to make repairs.

If you stop paying rent, make sure you save it while you are waiting to go to court - if you win your case, you still have to pay your landlord some of the rent. If you have no money at all by the time you have your trial, you will be considered the loser and be kicked out anyway.

Also note: the law is subject change. The information on this page is deemed reliable as of June 21, 2004, but it is not legal advice. You should check with us, another legal services office or a private attorney for advice or assistance in your particular circumstance.

CONTACT US FOR MORE INFORMATION