Q: What can a tenant do in California about repair issues and eviction threats when they're not on the lease?
I moved in with my four children and partner to help my parents with rent after my brother enlisted in the US Army. The house requires significant repairs, including a septic tank issue that's been ongoing for over five months, causing water to enter the bathroom during rain. Despite notifying the landlord, he threatened to evict us and said I'm not on the lease. We held rent for three days to remind him of the needed septic repairs. What can I do about these repair issues and the landlord's eviction threats in California?
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A:
In California, you have tenant rights even without being on the lease - you're considered a sub-tenant with legal protections. The septic tank issue qualifies as a habitability problem, which landlords must address promptly under California law, regardless of lease status.
Your landlord's threats of eviction in response to repair requests are considered retaliatory, which is illegal in California. You have the right to withhold rent for serious habitability issues like sewage problems, but it's crucial to document everything - take photos, save text messages, and keep a record of all repair requests and the landlord's responses. Consider placing your rent in an escrow account rather than withholding it directly to show good faith.
You can file a complaint with your local housing authority and the California Department of Consumer Affairs about the septic issues. If the landlord attempts to evict you, they must follow proper legal procedures, including providing written notice and going through court - they cannot simply lock you out or shut off utilities. Local legal aid organizations in California often help tenants in situations like yours, and many offer free or low-cost assistance.
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