Full question:
My son has an issue with his landlord who is suing him for back rent. My son does not dispute that he owes under agreement back rent. However, he does dispute the landlords right to receive it for the following reasons:1. A verbal promise by the landlord that if my son would get out of apartment in three days which he did, that the landlord would not come after the money.2. Most importantly to my son, and reason for possible counter suit in his mind, is the landlords known non-compliance with several written serious health code violations that occurred over the entire year or so of the rental arrangement. The landlord was informed about these violations, and did nothing about them, they still persist to this day as far as my son is aware. So he is thinking of counter-suing on that basis. Does he have a legal_ethical case? I am in a position to give council and maybe even direction. Since this problem occurred he has had to move back into my home.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
A landlord is required to provide a rental property that meets minimum standards of habitability, including compliance with health and safety codes. If the property is unlivable due to significant health code violations, the tenant may have grounds to dispute rent payments and potentially counter-sue.
In California, if a tenant notifies the landlord of serious health code violations and the landlord fails to address them, the tenant may be entitled to remedies. These can include vacating the premises without further rent obligations (Cal. Civ. Code § 1942). If your son moved out based on the landlord's verbal promise not to pursue back rent after he vacated, he might argue that this promise should be honored, although proving the existence and terms of an oral contract can be challenging.
Additionally, if the landlord's inaction on health code violations has caused significant harm or risk, your son may have a case for a counter-suit based on the landlord's negligence. Remedies for breach of contract typically aim to restore the injured party to their original position, and your son might seek damages for any losses incurred due to the landlord's failure to maintain the property.
It’s advisable for your son to consult with a legal professional who can assess the specifics of his case and guide him through the process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.