Legal Question in Real Estate Law in California

Slumlord wont fix the garage door where my belongings are stored. I want to know what rights I have to have the repairs made and then deduct it from the rent. I am in a month to month least with just a basic rental agreement signed. Actually the agreement is for the apartment next door that we had to vacate because the roof leaked. I dont have a rental agreement for the apartment that I am currently in.


Asked on 5/27/10, 2:36 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'm cautious to give you a green light to proceed with a repair-and-deduct remedy as might otherwise be appropriate because the landlord, who apparently is not the most ethical and above-board around, may have an argument that (a) the garage is not part of the premises that are demised (rented) to you, and (b) a non-locking garage door is not one of the "dilapidations" for which a tenant is entitled to do a repair-and-deduct. Nevertheless, if I were in your situation, I think I'd get the door to lock somehow rather than risk a burglary, especially if the repair cost is low in relation to the value of your property. Then try the deduction routine and see what happens. Maybe you'll get away with it, maybe not. As to whether you have an actual right, I'm somewhat doubtful.

Read more
Answered on 5/27/10, 6:31 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California