With the heavy rains that we've had over the past month in Southern California has caused my upstairs bedroom too leak under my carpet that is old and has caused to water bubbles by my electrical socket. All the landlord has done is pulled back the carpet and ripped out one huge piece of the padding. The wood floor and the mail have been exposed for over a month he felt the water damage and asked me for pictures but nothing is being done and the huge hole in the kitchen ceiling from another leak is still there exposing the pipes and fiberglass insulation can I withhold my rent for a month because it has been over that amount of time and nothing is being done
Have you complained to the local code enforcement agency? In most cities, the agency will send out an inspector, who will cite the landlord for any observed health or safety code violations.
If the conditions are serious enough to constitute a significant breach of the implied warranty of habitability, then withholding rent may be proper. However, if it goes to court, it would be up to the judge/jury to decide that, and if they determine that the conditions were not serious enough to justify withholding rent, you could be evicted.
For that reason, it is safer to timely pay the full rent, but to do so under express written protest, and expressly reserving your right to sue for a a rent refund.
It would also be a good idea to consult a local landlord-tenant attorney to get a complete idea of your legal rights and options Many offer a free initial consultation.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline