Many renters live in uninhabitable circumstances. Here's a quick view of what you need to protect your rights:
1. Determine if conditions are really uninhabitable. Think: water running into home, rat or insect infestation, mold, dangerous electrical, etc.
2. Be prepared to move out. If the situation is truly bad, you will call government officials and they may require you to move out.
3. Notify the landlord by phone and then in writing. The writing is crucially important - in a lawsuit you must be able to prove the landlord had knowledge of the conditions.
4. Give the landlord a "reasonable time" to respond. What is reasonable depends on the situation. A month is definitely reasonable but far less time is reasonable if the situation is actually dangerous.
5. If nothing is done, can you "repair and deduct?" You may be able to pay someone to fix the situation or fix it yourself and deduct the out of pocket costs from your rent.
6. When the rent is due, notify the landlord that you are withholding the rent. Put the rent money in an escrow account - a separate account that you won't touch.
7. Wait for the landlord to sue you for nonpayment of rent. If you've followed these steps you should be in a good position to withstand an eviction. The judge will assess the fair market value of the premises given the defect and order you to pay the reduced rent (unless you have already paid more than that rent, in which case the landlord will owe you money.)
8. Most importantly, you'll have preserved your rights to sue the landlord in superior court. If you think you have a case, please contact our offices at 707-544-5354.
1. Determine if conditions are really uninhabitable. Think: water running into home, rat or insect infestation, mold, dangerous electrical, etc.
2. Be prepared to move out. If the situation is truly bad, you will call government officials and they may require you to move out.
3. Notify the landlord by phone and then in writing. The writing is crucially important - in a lawsuit you must be able to prove the landlord had knowledge of the conditions.
4. Give the landlord a "reasonable time" to respond. What is reasonable depends on the situation. A month is definitely reasonable but far less time is reasonable if the situation is actually dangerous.
5. If nothing is done, can you "repair and deduct?" You may be able to pay someone to fix the situation or fix it yourself and deduct the out of pocket costs from your rent.
6. When the rent is due, notify the landlord that you are withholding the rent. Put the rent money in an escrow account - a separate account that you won't touch.
7. Wait for the landlord to sue you for nonpayment of rent. If you've followed these steps you should be in a good position to withstand an eviction. The judge will assess the fair market value of the premises given the defect and order you to pay the reduced rent (unless you have already paid more than that rent, in which case the landlord will owe you money.)
8. Most importantly, you'll have preserved your rights to sue the landlord in superior court. If you think you have a case, please contact our offices at 707-544-5354.
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