San Diego, CA asked in Civil Rights, Landlord - Tenant and Social Security for California

Q: Disabled tenant is withholding rent and retaliating my eviction notice because I ignored her requests for accommodation

The first time I denied her request for an accommodation, she asked to pay rent late because of her limited income, but I denied her because waiting three days would be an undue hardship on me. My son who is one of 4 tenants, feels uncomfortable living with a female roommate, so I asked her to sign a quit or evict notice for late rent payments and inconsolable differences so that we may find a male tenant replacement. She agreed to pay prorated rent up until a certain date and now wants to move before then. She requested that I waive her rent for the days after which she's vacated the premises, claiming that it was a reasonable request and it would make sure she could afford to transition to safe housing and not end up homeless and sicker. I haven't responded to her in two weeks and now she's threatening to withhold rent for December altogether. Can she do this? Can I just keep her deposit or take her to court and collect? What would you recommend?

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: You may be in violation of federal fair housing laws re: accommodations for disabled tenants.

See: https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

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