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I had an emergency plumbing problem.. i tried calling my…

i had an emergency plumbing...
i had an emergency plumbing problem.. i tried calling my landlord who did not respond, the problem was getting worse... so, I contacted a plumber... and paid the plumber for the repairs, my landlord says that if I do not pay the full rent he will evict me, can he do that?
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Answered in 7 minutes by:
10/16/2016
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,671
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Can you tell me the state that you question pertains to it is not showing up on my end
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Customer reply replied 1 year ago
the apartment is rent controlled and I live in santa monica, california
Customer reply replied 1 year ago
hello, is someone there? would you like to call me? my phone is(###) ###-####
Thank you for the clarification.
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There should be a call request on your end. Do you see this option?
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Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
First of all you are entitled to take care of an emergency if the landlord is was unavailable to assist you. Did you contact the landlord first?
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You are never expected to have an emergency situation and do nothing.
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In fact you are absolutely entitied to withhold rent. http://www.nolo.com/legal-encyclopedia/california-tenant-rights-withhold-rent-repair-deduct.html
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Customer reply replied 1 year ago
he does not answer the phone... i texted and waited 2.5 hours. my neighbor and I share the same wall and same plumbing line, so his sink was also overflowing... the landlord does not answer his cell phone, and does not allow a caller to leave messages. he told me that what was happening was not an emergency
and that he would have plumber come by tomorrow... the landlord told me that he would not accept my rent check and would serve me a 3 day eviction notice if I tried to deduct the cost for the repair.
Your landlord is wrong. You are entitled to withhold the rent Give me a moment to provide the link for the laws in California
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http://www.dca.ca.gov/publications/landlordbook/repairs.shtml
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Customer reply replied 1 year ago
i think I need a lawyer. This guy is nasty and mean... I want him to stop harassing me I pay my rent on time and he does not do repairs.... ever!
The landlord is in incorrect and could find himself in trouble. Pursuant to the terms of service for the site the Attorneys on this site are not permitted to enter into an an Attorney/Client relationship with the customers. That being said I will provide you with links for Attorneys in your area that provide FREE consultations. The law is on your side 100%. Give me one moment please.
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Customer reply replied 1 year ago
the landlord says because I did not contact him first, i have to pay for the repairs... I did try... I guess the question is... what constitutes an emergency... it was an urgent need to both of us tenants, and in the past, he does not return texts, or call. or contact us when we have issues.
It was not possible to give the landlord a 24 hour notice of this problem. Now, I have a broken garbage disposal and the landlord says, that I will have to wait... until next week to have it fixed. I have to miss work so I can be here to let someone in...he says he can enter my apartment without my consent, I told him no, but he says he will enter if he wants to... not sure what to do about that...
I know yot tried and the landlord is trying to have his cake and eat it too. He has no legally defensible position.
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Customer reply replied 1 year ago
then, can he send me an eviction notice. Santa monica has a rent control department, I will call them on Monday to find out what I can do.
This is a link for Attorneys in your area that provide FREE consultations http://lawyers.findlaw.com/lawyer/firm/landlord-tenant/santa-monica/california. The landlord will lose this argument.
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He can try to evict you he will lose
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Contact the Californua Department of Consumer Affairs they will concur with the information I provided. http://www.dca.ca.gov
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Customer reply replied 1 year ago
what do I do if I can an eviction notice?ok, I wil contact the link you gave me... to try to find a lawyer who can help me.
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA.
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Even if you receive the notice you did everything right. The court will not side with tie landlord.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,671
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Thank you.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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