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The sheer lack of rental options in California has made many tenants nervous. Fear of eviction and not being able to find another place to live has made many worry about approaching their landlords about issues they’re having with the property. As a result, their quality of life decreases.
If you’re renting a property, it’s important to understand that contrary to what it sometimes seems, landlords don’t have all the rights. The housing crisis doesn’t mean that you shouldn’t approach your landlord when there is something seriously wrong with the space you’re renting. You absolutely should.
Not only do you have every right to approach your landlord when something is broken, but you’re also legally allowed to withhold rent in California.
While withholding rent in California is legal, there are certain steps you have to take in order to avoid an eviction notice.
In California, landlords are required to provide their tenants with a rental space that is a serviceable living environment. This means it should have heating, water, and working plumbing. It also shouldn’t be falling apart. If they fail to keep up their end of the bargain and provide the necessary repairs in a reasonable amount of time, you have the right to withhold rent.
What you can’t do is simply decide to stop paying rent because the landlord didn’t fix something. First, there has to be a record that you alerted the landlord to the problem. You will also have to prove that the problem was a serious one. A dripping sink, while irritating, probably isn’t grounds for withholding rent in California. A broken window or plumbing that doesn’t work is.
While you do have the right to withhold rent in California, you can’t assume that you’ll never have to pay it. You must be ready to present the back rent as soon as the problem is repaired. Some renters opt to put the rent into a kind of escrow account so the money is available right away.
Other tenants will pay for the repairs for themselves and deduct that amount from their monthly rent. If you chose to do this, you’ll want to keep all of the repair bills and be read to show that you collected a few estimates and recommendations before hiring a contractor.
The last step you must take before withholding your rent in California is alerting your landlord to your intentions. This is best done in writing. Some choose to send a certified letter while others send their landlord an email. In most cases, the landlord has another 30 days to remedy the situation before you’re allowed to withhold your rent.