Are tenants legally allowed to withhold rent if the landlord fails to make repairs?
In California, tenants are legally allowed to withhold rent if the landlord fails to make necessary repairs. This is known as “rent withholding” and is a legal remedy that is available to tenants in the state. If the landlord fails to make repairs to meet the minimum required standards, the tenant can withhold a portion of the rent until the repairs are accomplished. The tenant should first talk to the landlord about the repairs. The tenant should also provide proof that the repairs are necessary. If the landlord does not respond to requests for repairs, the tenant can send a written notice demanding that the repairs be made. The tenant should keep a copy of the notice. If the landlord continues to fail to make the necessary repairs, the tenant can legally withhold rent until the repairs are completed. However, the tenant must deposit the withheld rent into an escrow account to demonstrate that they intend to pay the rent. It is important to remember that the tenant is responsible for paying the full amount of rent when the repairs are made. Finally, it is important to note that rental withholding is only a legal remedy in California, and that the tenant must follow the procedures outlined by the law. If the tenant does not adhere to the required steps, the landlord may take legal action against the tenant.
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