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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36588
Experience:  Attorney over 16 years, landlord 26 years
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Thank you for your help. Is there a cc that states that a

Customer Question

Hello and thank you for your help. Is there a cc that states that a tenant must give a landlord notice of habitability issues and a chance to correct them before the tenant begins a lawsuit regarding habitability issues)
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: We're inCA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Actually there was no lease. I also have proof that then tenant fabricated a lease. Our handwriting expert can verify that.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Don't think so. Thanks.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 month ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Is there a cc that states that a tenant must give a landlord notice of habitability issues and a chance to correct them before the tenant begins a lawsuit regarding habitability issues)

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Technically no, but procedurally, under CA Civil Code 1942, they are supposed to give written notice and a reasonable time for the landlord to cure the problem before the law gives the tenant legal grounds to repair and deduct or terminate the tenancy and vacate and sue for damages.

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CA Civil Code 1942

(a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.

(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

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thanks

Barrister

Customer: replied 1 month ago.
Thank you for your prompt reply
Expert:  barristerinky replied 1 month ago.

You are very welcome. Happy to help any time.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  barristerinky replied 1 month ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister

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