Portland, OR asked in Consumer Law and Landlord - Tenant for California

Q: Had a fire in house I'm renting due to faulty wiring over 30 days ago. Still not repaired. Single father of 2 children.

I got a money order for the rent, gave landlord the receipt but holding the MO until repairs are done. He has now given me a 3 day notice to vacate in 30 days.

What are my rights?

1 Lawyer Answer

A: If you wish to stay in the property, the first think you have to do is pay the rent within the 3 days specified. If the 3d day falls on a Sat, Sun or holiday, you get until the next business day.

Then you can notify the landlord, in writing, exactly what needs repair. If there are habitability items, such as inoperable furnace, hot water heater, locks, you may give him seven days to get someone to fix them or you will hire them yourself and deduct from the next month's rent. It they are any other type of repair, then 30 days is considerable a reasonable time before you "repair and deduct." But keep it civil, matter of fact. No emotion except in the case of a front door that won't lock, or a staircase that is dangerous, etc. Even then, keep it factual. I am sure the landlord knows what your rights are. You just have to, politely, remind him!

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