
A tenant in California may be able to withhold rent if their landlord fails to fix serious defects that make the property unlivable:
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Identify the issues
Document the problems that make the property uninhabitable, such as structural damage, lack of heat or water, or hazardous materials.
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Notify the landlord
Send a written notice to the landlord via certified mail, email, or text.
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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.
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Withhold rent
If the landlord doesn't make the repairs within the specified time frame, the tenant may be able to withhold rent.
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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:
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Withholding rent may put the tenant at risk of eviction.
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In some states, the tenant must pay the rent to a court or escrow account instead of withholding it.
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If the tenant receives an eviction notice, they should tell their lawyer or the court about the health and safety issues in their home.
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Tenants should document all communication with the landlord, including copies of written notices and emails.
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Tenants can also consider filing a small claims case against the landlord.