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A tenant in California may be able to withhold rent if their landlord fails to fix serious defects that make the property unlivable: 

  • Identify the issues

    Document the problems that make the property uninhabitable, such as structural damage, lack of heat or water, or hazardous materials. 

  • Notify the landlord

    Send a written notice to the landlord via certified mail, email, or text. 

  • Allow time for repairs

    Give the landlord a reasonable amount of time to make the repairs, depending on the severity of the problems and local laws. 

  • Withhold rent

    If the landlord doesn't make the repairs within the specified time frame, the tenant may be able to withhold rent. 

  • Seek legal action

    If the landlord still doesn't make the repairs, the tenant may consider legal action. 

Some things to keep in mind include: 

  • Withholding rent may put the tenant at risk of eviction. 

  • In some states, the tenant must pay the rent to a court or escrow account instead of withholding it. 

  • If the tenant receives an eviction notice, they should tell their lawyer or the court about the health and safety issues in their home. 

  • Tenants should document all communication with the landlord, including copies of written notices and emails. 

  • Tenants can also consider filing a small claims case against the landlord. 

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