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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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