Let’s consider the following situation: A residential landlord and tenant execute a one-year lease for rental of a two-bedroom apartment in Oakland, California. The rent is $3500 a month. The tenant pays the rent for the first eleven months on time, but in the last month of the one-year term, the tenant withholds the rent for fourteen days. The tenant informs the landlord that the tenant will not pay the rent until the landlord repairs defective and leaking plumbing, water leakage from the roof, and mold issues that the tenant alleges she has complained about with no response for over 3-months. The landlord, rather than even try to repair any of the defective conditions complained of by the tenant, waits until the expiration of the one-year lease. The landlord believes that he can terminate the lease on 60-Days Notice simply because the term has expired and the one-year is now up. The question is, is a Notice to Terminate Tenancy on these grounds valid?
What Tenants and Landlords Think the Law Is
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