This is a riskier way of trying to get the property repaired. By law, a tenant is allowed to withhold some or all of the rent if the landlord does not fix serious defects. These defects must make the property…
Posts Tagged With: 3 day notice
California Debt Blog: Repair and Deduct can be beneficial for tenants – if used properly
Repair and deduct allows you to deduct money from the rent to pay for repairs. The steps include: 1. The defects must be serious and directly related to the tenant’s health and safety. 2. The repairs cannot cost more than…
California Debt Blog: You May Have A Defense to an Unlawful Detainer or Eviction Lawsuit
Typical defenses to an eviction include failure to state the amount of rent properly, failure to provide a habitable rental or that the eviction was filed for retaliatory reasons. These defense MUST be raised in the defense or you cannot…
California Debt Blog: You Must Respond to An Unlawful Detainer Complaint
If the landlord wants to evict you and you have not moved out voluntarily, you will be served with an unlawful detainer. You only have 5 days to respond to this. Your response may be a demurrer, a motion to…
California Debt Blog: Any Eviction Notice Must Be Properly Served
landlord must serve the notice in person. If the landlord cannot serve you in person, the landlord can serve you at work. If you are not available at work or at home, then and only then can the landlord serve…
California Debt Blog: A Tenant Must Be Told Where to Pay Rent that is Late
The notice must tell you where you can pay the rent either in person, with the usual hours, or the information on the bank that will take payment. The landlord cannot normally require cash payment.
California Debt Blog: The Rent Must Be Accurate on a 3 Day Notice to Pay Rent or Quit
The most important item on a 3day notice for failure to pay rent is the amount due. The notice “must accurately state the amount of rent that is due.”
California Debt Blog: How Much Notice Must a Landlord Give a Tenant?
This may be the most common question I get from tenants. How much notice does my landlord need to give me before I have to move? Let me start with this: The first step in any eviction is for you…
California Debt Blog: IRS Scam Warning
There is a new scam running around where someone calls you pretending to be from the IRS. Let me say this again: YOU CANNOT BE ARRESTED FOR NOT PAYING A DEBT. Also, the IRS will write to you and will…
California Debt Blog: 5 Things Tenants Must Know To Protect Themselves
Part of my practice is landlord-tenant work. I represent tenants who are being evicted or who may be evicted. After getting a fair number of calls this week from tenants, I thought I would share some tips for tenants who…