What to do ifI have been served with a 3 days pay or quit regarding a rental that is is disrepair?

UPDATED: Dec 21, 2011

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What to do ifI have been served with a 3 days pay or quit regarding a rental that is is disrepair?

I moved in on the 15th and the landlord has not completed repairs on the home. I called him numerous times regarding major problems but he has not returned my calls. I gave him a money order for $1200 and 2 checks for $250 and another for $1200. The $250 cleared but I didn’t deposit the $1200 hoping he would repair the problems. He served me with a 3 days pay or quit. What can I do?

Asked on December 21, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you want to remain in the unit that you are writing about, I suggest that you pay the landlord the money owed him or her within the time period under the 3 day notice to pay or quit. Under the laws of all states in this country, a tenant can hold back rent concerning a repair issue IF the tenant makes the actual repairs to the unit as opposed to the landlord.

From what you have written, the landlord has been working on repairs to the rental, not you. Apparently you have not paid him or her the full rent owed as a means to force the completion of the repairs that are being undertaken.

Had you been making the repairs, you could have deducted the amount of repairs that you paid a third party from the following months rent after you gave the landlord adequate notice that you were going to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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