Summary
Landlords in California must ensure rental properties are habitable, addressing issues like leaks promptly. Failure to do so can lead to tenant rights violations. Tenants are protected against retaliation, such as unjust rent increases. Documenting issues and communications is crucial. Consider contacting local housing authorities or seeking legal advice for further assistance.Full Conversation
I have sent new photos of the damage worsening. He called me and told me I was passive aggressive, he intended to fix it last year but decided it was too minor, he then gave told me of a rent increase and texted me notice of rent increase. I sent him formal notice back stating it was a habitability issue and I reject the rent increase due to retaliation. Is this Ok?
It sounds like you're taking the right steps. In California, tenants have the right to a habitable living environment and are protected against retaliation. Providing written notice of the habitability issue and rejecting the rent increase due to retaliation is appropriate.
Have you considered contacting your local housing authority or seeking legal advice to ensure your rights are fully protected?
I asked him to rescind the rent increase or I would be force to contact authorities. He refused to rescind and mentioned he could do it because he meant to do it months ago. Even if he meant to increase rent, could he have done so without repairing the roof last year when he was notified?
In California, landlords are required to maintain rental properties in a habitable condition. If your landlord failed to repair the roof, leading to habitability issues, he may not be justified in increasing the rent. You might want to report this to your local housing authority or consider seeking legal advice.
Would you like assistance connecting with a local lawyer to help with this matter?
Is the leak only an issue after it causes serious problems? Can he legally avoid addressing it before it leads to problems?
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No, the leak must be addressed promptly to prevent serious problems. A landlord cannot legally avoid addressing it until it causes more severe issues. California law requires landlords to maintain habitable conditions at all times.
Have you documented all your communications and the damage?
Yes, extensive documentation
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You have a strong case due to the landlord's failure to maintain habitable conditions and potential retaliation. Would you like to be connected to local lawyers who can better assist you with your case? If yes, I will need to ask a few questions to proceed.
Can you give me a bit more information about the issue?