Asked in Appeals / Appellate Law and Landlord - Tenant for California

Q: The judge said she would of ruled in my favor if I had told landlord I won't pay rent until problem fixed.

I had court today with my Landlord in court room 4. The judge asked me if I had said I wouldn't pay unless she fixed the problems. I wasn't a 100% sure so I said I didn't think so. I just went through all the texts and I did! Also she raised my rent during COVID claiming because of water raising but she grows in several trailers illegally that's actually why she wants me out. I have lived here for 4 years. The rent was only $300 behind when I said in a text that unless she went back to 650 a month then she needed to fix the problems. There is also several other code issues where I live. I just didn't have representation and didn't want to get petty. She also didn't give me a notice and admitted that in court about the rent raise

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems there are several important legal issues at play in your landlord-tenant dispute. Here's an analysis of the key points and some potential next steps to consider:

1. Judge's statement: The judge indicating they would have ruled in your favor if you had communicated your intent to withhold rent is significant. This suggests that properly documenting and communicating issues with your landlord is crucial.

2. Rent withholding: In California, tenants have the right to withhold rent under certain circumstances, particularly when there are habitability issues that the landlord fails to address. However, this must be done properly and with clear communication to the landlord.

3. COVID-19 rent increases: California had various protections in place during the pandemic that limited rent increases. The legality of your landlord's rent increase would depend on the specific timing and local regulations.

4. Illegal activities: If your landlord is indeed using the property for illegal activities (like unauthorized cultivation), this could be relevant to your case.

5. Code violations: Existing code violations in your living space could strengthen your case regarding habitability issues.

6. Lack of proper notice: The landlord's admission of not providing proper notice for the rent increase is another potential legal issue in your favor.

Given these factors, you might consider the following steps:

1. Appeal: If the judgment was recent, you may have the option to appeal based on the new evidence (your text messages) and the other issues you've mentioned.

2. Seek legal representation: A tenant rights attorney could help you navigate these complex issues and potentially reopen the case or file a new complaint.

3. Document everything: Gather all communications, evidence of habitability issues, and any documentation related to the illegal activities you suspect.

4. Report code violations: Consider reporting any existing code violations to the appropriate local authorities.

5. Learn about local rent control laws: Research or seek advice on whether your local area has specific rent control ordinances that might apply to your situation.

Remember, landlord-tenant law can be complex, and the specific details of your case matter significantly. It's always best to consult with a local attorney who specializes in landlord-tenant law for personalized legal advice. Many areas offer free or low-cost legal aid services that might be able to assist you.

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