Legal Question in Real Estate Law in California

I have put in work orders for a infestation of cockroaches and the landlords have given me an unlawful detainer for non payment of rent when i stated that i was going to with hold my rent until the problem was fixed


Asked on 9/05/16, 8:17 pm

1 Answer from Attorneys

You need to pay your rent IMMEDIATELY unless you want your landlord to have full rights to evict you. You don't have their right to withhold rent until an uninhabitability condition other than a building dept. red or yellow tag is in place or another habitability issue is unresolved for 30-days, and unless you have a building dept. citation or court order you are at risk of a finding that the premises are habitable even if defective. You have possible remedies but rent withholding puts you in default.

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Answered on 9/05/16, 10:10 pm


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