tenent paid portion of the rent saying we hadn’t fixed second bathroom (second) so was deducting 1/8 for 8 bedroom house because of unusable bathroom.

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tenent paid portion of the rent saying we hadn’t fixed second bathroom (second) so was deducting 1/8 for 8 bedroom house because of unusable bathroom.

This month tenent deducted 1/8 rent for 4 months this month.He said he wouldn’t pay more until bathroom was fixed.said would do it every month until running toilet and cracked bath tub are fixed.We sent someone to fix it last month and they did not mention that he didn’t fix it.What should we do the house is in great shape otherwise.Three months ago we asked that they be patient when I lost my job.

Asked on May 9, 2009 under Real Estate Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not CA, but i practice in this area.  I think that you have a problem with the tenant and he is not being totally up front with you.  In any event, you should sent him a notice to quit (i.e. eviction papers).  Have it served by a marshal.  If you go to the local housing court the clerk will tell you how to fill out the paper work.  Sending th notice to quit will get this guy to start respecting you or he will be out of a place to live.  The basis for your notice is that he has failed to pay rent.  You do not sound like a landlord that is depriving him or running water and heat and so forth.  File the notice to quit as it should get his attention.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You have no choice.  California landlord tenant law is quite clear.  You rented a house where one of the bathrooms doesn't work? Well, be glad he didn't report you.  Essentially, he has the right to have it fixed himself if your person didn't.  He can deduct the amount he paid to have it fixed or deduct a portion of the rent until it is repaired.  Sooo, you better arrange quickly to have someone fix it and watch it be done.


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