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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 113391
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My son lives in Idaho in a house owned by a landlord in

Customer Question

Hello. My son lives in Idaho in a house owned by a landlord in california. The aunt lives in Idaho and is only required to col I ect the rent. Repairs on the property kept
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Adding up and landlord refuses to make these repairs. Should I give you the list of repairs as well as the current situation of the leas ed?
JA: Has any paperwork been filed?
Customer: The lease started with a foreclosure of the property. Landlord lives in california and was not able to get a loan to save. Girlfriend then procured a loan under circumstances stating she would live in house in idaho. Upon bank inspection our son was told to tell bank rep he was family. They then g Had him sign a lease after loan was approve and house out of foreclpsure.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes a lot can this be done over phone
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is your specific question about all of this for us?
Customer: replied 2 months ago.
He has now been served a 3 day pay or vacate notice in person with living there with 3 babies 1,3 and 5 years old. He is 15 days late with only half the rent due on the 5th. What are his rights now after living in this house needing repairs and more and now being threatened to vacate?
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply.

If he is late on rent, but the landlord is violating their duty to make repairs, which is a breach of the lease, your son needs to send the landlord a letter informing them that he has the rent but will not pay the rent until repairs are made. Tell the landlord in the letter that they are in breach of the warranty of habitability and they are in breach of the lease for failure to make necessary repairs.

Tell the landlord that if they proceed to try to sue for eviction, he will countersue for breach of lease and will seek damages including cost of any move for this retaliatory attempt at eviction.

If the landlord does not back down and does not make the repairs required, then your son needs a local attorney and should sue the landlord for breach of lease and he can serve the landlord through the aunt who lives in Idaho as the suit must be brought where the property is located

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