Legal Question in Business Law in California

I have a judgment against the owner of rental property. The tenant has been served with a levy on their rent payments. They have objected because they state that the property in in need of repairs which the owner has failed to make. They want to repair and deduct. Are they legally entitled to do that?


Asked on 2/16/15, 10:20 am

1 Answer from Attorneys

There's no way I am able to tell you if they have actual adequate legal grounds to repair and deduct. What I can tell you is that your levy only reaches whatever the landlord is entitled to receive. So if they DO have legal grounds to repair and deduct, then you don't get to collect anything more than whatever balance they owe the landlord. You don't get collection rights greater than the landlord has just because you are not the landlord.

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Answered on 2/16/15, 10:31 am


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