Free Landlord Newsletter
FREE BONUS Forms Disk for
2 -5 year LPA Members
LPA Discounts!
FREE Sign Up
|
 |
|
Tenant not paying the full rent. what should I do?
by John (CA)
on August 2, 2012 @02:06
|
|
My tenant will not pay the full rent for August. We had a leak in the house and destroyed the wood floor. We got it all fixed and floor replaced within 5 days. Still the renters sent us an email telling us because the house was not in livable condition he had to take 8 days off from work. And other things are not working properly, he would pay 40% of rent for August. What should I do?
|
|
[
Reply
]
[
Return to forum
]
|
|
Re: Tenant not paying the full rent. what should I do?
by Wondering
on August 2, 2012 @03:38
|
[ Reply ]
|
|
|
What parts of the house were uninhabitable?
Where did he stay when he had to take 8 days off from work?
Did he give you proper notice of other things not working properly?
What state are you in, are you in a rent controlled area, do you have Sec 8 housing?
Does your lease address anything like this?
Does he have renters insurance?
|
|
Re: Tenant not paying the full rent. what should I do?
by NY-LL
on August 2, 2012 @12:10
|
[ Reply ]
|
|
|
The property owner (landlord) should issue a three-day notice of violation for non-payment of rent, in accordance with California law. The property owner (landlord) should initiate eviction proceedings if the rent is not cured and remains unpaid within three (3) days. The tenant cannot arbitrarily make a determination that the premises were uninhabitable or that forty (40%) of the rent not be paid due to “loss of work” … (only a government entity can make that declaration).
In accordance with California State law:
“The "repair and deduct" remedy allows a tenant to deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the rental unit. This remedy covers substandard conditions that affect the tenant's health and safety, and that substantially breach the implied warranty of habitability. (See discussion of the implied warranty of habitability.) Examples might include a leak in the roof during the rainy season, no hot running water, or a gas leak.
As a practical matter, the repair and deduct remedy allows a tenant to make needed repairs of serious conditions without filing a lawsuit against the landlord. Because this remedy involves legal technicalities, it's a good idea for the tenant to talk to a lawyer, legal aid organization, or tenants' association before proceeding.
The basic requirements and steps for using the repair and deduct remedy are as follows:
1. The defects must be serious and directly related to the tenant's health and safety.
2. The repairs cannot cost more than one month's rent.
3. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.
4. The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.
5. The tenant must inform the landlord, either orally or in writing, of the repairs that are needed.
6. The tenant must give the landlord a reasonable period of time to make the needed repairs.”
|
|
LPA Notice of Unauthorized Rent Deduction
by Jack Klein (NY)
on August 2, 2012 @12:28
|
[ Reply ]
|
|
|
Notice of Unauthorized Rent Deduction
http://www.thelpa.com/lpa/forms/ef-unauth.html
or
Rent Deficiency Notice
http://www.thelpa.com/lpa/forms/ef-rent-def.html
|
|
|
Look-up
Associations
Attorneys
Businesses
Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories
Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help
|
