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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37370
Experience:  Attorney over 16 years, landlord 26 years
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I rent a condo in 7-2015, the landlord didn't take care of

Customer Question

hi I rent a condo in 7-2015, the landlord didn't take care of the property and got water damage in the garage ceiling, she asked me pay higher rent and the repair which I think it is not fair, because the water leak was from the toilet and there was a hole on the floor, nobody could see it, because the bathroom floor was never wet.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: it is Pasadena Ca
JA: Has any paperwork been filed?
Customer: nothing yet I told landlord I would not pay the rent if they don't repair it and I stopped payment since May 1.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The landlord haven't repair the garage celling and the deposit they are holding is $2750, my rent is $2500 in 2015, and $2600 in 2016 now they ask me to pay $2700,
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 3 months 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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I have read your comments, but I don't see any actual legal question?

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thanks

Barrister

Customer: replied 3 months ago.
My question if my landlord doesn't repair the ceiling wall, how to continue to live here without further problem, I want to make it clear that I'm not responsible for the water damage which I mentioned on 1-29-2016 to change the old toilet, she refused to do so, leaked and water damaged the celling one year later, I just stopped payment this month, because she wants me to pay more rent and more deposit, I don't know what should I do now, she's very hard to communicate as she is in her 80s, I don't want to wait for her to evict me, it is a hassle and I couldn't sleep well lately.
Customer: replied 3 months ago.
Is it legal to ask me pay more rent and more deposit? I have paid $2750 deposit in their hand, she said the deposit is not enough which means I will not get my deposit back if I move out. because she did say I would be responsible for the water damage. It left a big hole on the garage ceiling and water print.
Customer: replied 3 months ago.
My last rent increase was on 9-1-2016, and this time is 6-1-2017.
Expert:  barristerinky replied 3 months ago.

I apologize for the delay, had to be out of office..

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Have you sent the landlord a written notice about the problems and requested repairs... not verbally or by text, or email.. an actual letter?

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Have you contacted any local officials, like Code Enforcement or the Housing Inspector to come out and inspect?

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What caused the hole in the floor? Or was this from a worn out wax seal on the toilet that allowed the water to leak through?

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Is there any mold or mildew on the ceiling or the bathroom floor or wall?

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thanks

Barrister

Customer: replied 3 months ago.
I called for the city inspection a couple days ago, haven't got any answer yet, I paid the rent for May today and the landlord tried to send someone to fix the water damaged wall, she didn't mention the rent and deposit increase.
Expert:  barristerinky replied 3 months ago.

Ok,good, once Code comes out to inspect, they can force the landlord to make repairs. Then if they tried to evict you, you could sue them for retaliation, which is illegal under CA law, for punitive damages to set an example and deter future similar conduct..

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As for the increase, if you aren't under a fixed term written lease, then the landlord can increase the rent up to 10% a year with only 30 days notice. If they wanted to increase it over 10%, they would have to give you a written 60 day notice.

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thanks

Barrister

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