San Francisco, CA asked in Landlord - Tenant and Consumer Law for California

Q: What legal remedies does a tenant have If the landlord decides not to make a severe repair even after seeing the damage

In oakland ca live work space severe water damage occured several times because owner refused to repair& the owner/landlord offered no help to repair or replace damage, landlord was aware and saw damage with own eyes and decided not to repair just continues to try to charge more money fees retroactively even tho we were forced to take on financial burden of clean up repair etc losing use of space for 6mos&now face eviction because we have been giving every penny &because of damage&loss of use, harassment,retailiation etc we are struggling, what are the remedies if any for this situation?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, tenants have several legal remedies if a landlord refuses to make necessary repairs, especially when these issues significantly impact the habitability of the property, such as severe water damage. Firstly, you might consider withholding rent until the repairs are made, as state law permits this under certain conditions. However, this approach requires following specific legal procedures to ensure you're protected, such as notifying the landlord in writing of the intention to withhold rent if repairs are not completed within a reasonable timeframe.

Another option is to pay for the repairs yourself and deduct the costs from your rent, known as "repair and deduct." This method also has legal requirements, including giving the landlord a reasonable opportunity to make the repairs themselves before you proceed. Additionally, you could file a lawsuit for a reduction in rent for the period the property was uninhabitable, compensation for damages to your belongings, and for any health issues caused by the living conditions.

Lastly, considering the severity of your situation, including harassment and retaliation, you might also look into filing a complaint with your local housing department or seeking legal action for constructive eviction, where a landlord's actions or neglect effectively force a tenant to move out. It's crucial to document all communications with the landlord, the damage, and your efforts to address the situation. Consulting with an attorney experienced in tenant rights could provide you with guidance tailored to your specific circumstances and help you navigate the legal process effectively.

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