Legal Question in Landlord & Tenant Law in California

For the last 7 years we've rented a house and also for 7 years the roof has leaked. We've told the landlord about it over and over. Now the ceiling inside is coming down and there is a big water stain. The landlord says that he's waiting for another property to sell before he can fix our roof. Is this legal to make us wait?


Asked on 3/11/11, 6:31 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

No, the landlord's obligation is not based upon whether he has any money or not. If it is something that you can fix or significantly make better, notify the landlord in writing that unless he repairs the oft complained about leak within 2 weeks, you will withhold up to one month's rent to pay for the repair of the leak. You have a legal right to do that if you actually spend the money for reasonable repairs.

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Answered on 3/11/11, 9:06 pm
Brian Rosales Harris, Rosales & harris

The landlord has a duty to repair the leak and the damage caused by the leak. His lack of funds to do the repairs does not releave him of this duty. Your obligation to pay rent is related to his duty to maintain a livable premises. You can use the repair and deduct remedy stated in the previous answer, withold rent until he does the repairs or you can continue to pay the rent and sue him for breach of contract. Each option has its advantages and disadvantages and should be discussed in detail with an attorney.

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Answered on 3/12/11, 9:36 am


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