rent vs habitability-- LB
Click here for Top Ten Discussions. CLICK HERE for Q & A Homepage
Receive Free Rental Owner Updates Email:  
MrLandlord Q & A
     
     
rent vs habitability-- LB (by Laker Lori [CA]) Mar 18, 2023 1:00 PM
       rent vs habitability-- LB (by Vee [OH]) Mar 18, 2023 1:05 PM
       rent vs habitability-- LB (by WL [CA]) Mar 18, 2023 1:46 PM
       rent vs habitability-- LB (by Richard [MI]) Mar 18, 2023 1:46 PM
       rent vs habitability-- LB (by Jim in O C [CA]) Mar 18, 2023 1:49 PM
       rent vs habitability-- LB (by Moshe [CA]) Mar 18, 2023 2:38 PM
       rent vs habitability-- LB (by Salernitana [CA]) Mar 18, 2023 5:26 PM

Click here to reply to this discussion.
Click Here to send this discussion to a friend

rent vs habitability-- LB (by Laker Lori [CA]) Posted on: Mar 18, 2023 1:00 PM
Message:

Monday I am putting Long Beach tenants in kitchenette hotel for a week while water damage repairs are done then termite tenting (also kill roaches). They are withholding rent. I thought they can't do this while "repairs are pending." A Dennis Block atty said I was correct (before she hung up on me at about 30 SECONDS of interaction & I could finish clarifying details or ask a follow-up), so I served a 3-Day Pay or Quit. Tenants: "tenants rights.. don't have to pay until you fix those things..." Just now, DENNIS Block who hung up on me super quick before I could get out any details says to fix things before serving notice. Then I called him back (22 second exchange), he claimed that he explained "before WE terminated the call." NOPE. So, now I have a contradiction between the 2 attys, which wouldn't occur if they weren't rushing to hang up! And I am paying extra for that Concierge thing!! I added some of these details because some of you love DB & what am I paying extra for?!? Thoughts about any of this? --44.204.xxx.xx




rent vs habitability-- LB (by Vee [OH]) Posted on: Mar 18, 2023 1:05 PM
Message:

If the rent is not paid into court escrow I would not pay for any expenses like you describe. --76.190.xxx.xxx




rent vs habitability-- LB (by WL [CA]) Posted on: Mar 18, 2023 1:46 PM
Message:

Depends on your lease - the free lease on the Dennis Block website says that Ts must pay for their own motel room and rent is waived while repairs are made until they return. Do you have this lease language in force? I do. --68.7.xx.xxx




rent vs habitability-- LB (by Richard [MI]) Posted on: Mar 18, 2023 1:46 PM
Message:

Just sell the place. It is not going to get any better in Calif. --97.85.x.xx




rent vs habitability-- LB (by Jim in O C [CA]) Posted on: Mar 18, 2023 1:49 PM
Message:

I thought the landlords responsibility was to credit the tenants daily rent while the property is uninhabitable. If you are paying for housing, and your tenant is totally wrong. --99.23.xxx.x




rent vs habitability-- LB (by Moshe [CA]) Posted on: Mar 18, 2023 2:38 PM
Message:

1. I appreciate Dennis and his service, but it is important to point out that, if you call at 9:01 am and get on the waiting list for answering questions for free, then you may not get a call back that same day. He has such a volume of calls that he HAS to be in a hurry.

2. I dont subscribe to his "concierge" service, not for the expense, but because the advice is still the same. The concierge service gets you a priority for call-in plus 5 minutes limited consultation.

3. I am CERTAIN that there is no privilege of freedom from rent withholding while "repairs are pending" because that would invalidate the basic principle of rent withholding. If you allowed the repairs to go on after being notified and not addressing them, then I expect that no excuse can be found for refusing to pay for substitute housing. You will find out if you actually file for eviction. Will you have a competent attorney take over the eviction suit for you? Dennis Block?

4. As for Dennis and his associate not managing to completely answer your question, you got what you paid for.

--47.139.xx.xxx




rent vs habitability-- LB (by Salernitana [CA]) Posted on: Mar 18, 2023 5:26 PM
Message:

I would think that the tenants cannot withhold rent. This was found online, saying that the tenant still owes rent money even when its being withheld if your actions affect habitability. Courts require that the tenant put the money into an escrow account during the pending court case.

The following four sources would apply, according again to the same online finding.

Green v. Superior Court, 10 Cal.3d 616, 637 (1974)

Cal. Civ. Code 1941 (2021)

Green v. Superior Court , 10 Cal.3d 616, 635 & 638 (1974) (internal citations omitted)

Salazar v. Maradeaga, 10 Cal.App.4th Supp. 1, 4 n.1 (Cal. Ct. App. 1992)

A similar incident happened to my mentor's apartment complex in Berkeley. The owner paid for a place for the tenants while their place was cleaned up after flooding. I believe that the tenants did not withhold the rent.

I'm sorry to hear that you received two different pieces of information even with DB's concierge service. Best of luck and please share what happens if you can. --67.170.xxx.xxx



Click Here to send this discussion to a friend
Report discussion to Webmaster


Reply:
Subject: RE: rent vs habitability-- LB
Your Name:
Your State:

Message:
rent vs habitability-- LB
Would you like to be notified via email when somebody replies to this thread?
If so, you must include your valid email address here. Do not add your address more than once per thread/subject. By entering your email address here, you agree to receive notification from Mrlandlord.com every time anyone replies to "this" thread. You will receive response notifications for up to one week following the original post. Your email address will not be visible to readers.
Email Address: