"you need to give your notice and then get the f**k out" was my landlords response

Landlord Tenant Law 3 views 2 answers
when I told my landlord that I was going to withhold rent because the items listed on my rental contract had not been done, with repeated requests to do them, and that I had a list for him... (going on 7 months living here and was told those things would be taken care of after I moved in) his response was "you'll get a list alright, then you need to give your notice and then get the f**k out " Needless to say I am now not willing to talk to him and feel very intimidated. He has now served me with a thirty day notice. I don't want to move, I like where I am living plus cannot afford to at this time. What recourse(s) do I have?

Attorney Answers

2
Roger Moss ·
If you really want to keep living in your present location, you need help creating a mutually-beneficial relationship with the landlord. That may sound fanciful, based on your question. But it can be done, with the right assistance, and if both you and the landlord are interested in repairing the relationship. Here is a conflict resolution resource in your area: http://sacmediation.org/. While your landlord has behaved badly, threatening to withhold rent was not a good idea. Better to get help from someone who understands leases and how they work in the context of the law. Here is a good resource for you in future: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf. While you should consult with an attorney or legal aid resource about your legal rights, unless you find a way to work things out with your landlord (fairly, for both of you), your long-term prospects to stay in your home are not good and won't be comfortable.
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Samuel Stamas ·
If you want to stay there, then I agree that you should try to repair the landlord relationship. While I agree with the other attorney, I would also point out that with every rental agreement is a warranty of habitability. You must have a "livable" space, this includes heating, a roof with no leaks, toilets that work, running water, etc. If your landlord agreed to a list of repairs in writing and has not done them you may have the right to get those repairs done yourself (by a licensed contractor) and deduct them from you rent. Also, evicting someone because they are asking the landlord to do repairs is a retaliatory eviction and you have a strong defense to an unlawful detainer action. You need to contact an attorney.
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