If my landlord has not paid HOA fees in 2 years, do I still need to pay rent?

My landlord has not paid HOA fees in 2 years and because of that we have lost privliges to the pool, tennis courts and parking lot. We have been paying rent for the past 6 years. There is now a lien filed against the property. What rights do we have as tenants? Do we still need to pay rent?

Asked on July 16, 2012 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Not paying rent would be a breach of a lease agreement or contract so I would not suggest it.  But I would not suggest paying it to the landlord either.  I would strart ana ction against the landlord for breach of the lease and askthe court to allow you to pay the rent in to court and for an abatement (reduction) of the rent amount. Then if things do not turn around you can ask that the court allow you to break the lease.  Good luck.

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