I do not have much time...so I will just post this...I will make a real post tomorrow sometime...
We got a 3 day notice to pay or quit the other day...they didn't say anything when we sent them the notice I posted almost two months ago...but here's my/our responce. (For I am the evil mastermind and I speak for us all Muahahaha)
To whom it may concern at Deerot Realty:
RE: 3 DAY NOTICE TO PAY OR QUIT
We (being the tenants of ### Xxxxxxx Xxx. Bakersfield, CA #####) would like to respond to the 3-day notice to pay or quit that we received at about 8:50 am on October 17, 2005. You received our notice on the thirtieth of August, by certified mail, that your failure to fulfill your obligations to this property and it's residents (Joseph Xxxxxx, Joseph Xxxxxx, Cameron Xxxxxxx), in regards to the repairs that were both a security and/or fire hazzard, lead us to no other option than to use the "Repair and Deduct Remedy." These repairs were promised to be done by Atco, Xxxxxx Xxxx and yourselves on different occasions. Atco is no longer responsible, as Mr. Xxxx terminated their obligation to him, the residence and the residents. On the fifth of July, your agent and Xxxxxx Xxxx both stated that the repairs would be done in "a week" no repairs were done until the fourth of August, and even then the repairs that hindered the habitability of the residence were ignored. The fact that you did send someone to make repairs on the fourth of August verifies that you understood your responsibility to make repairs. The fact that you also had more than a month to voice your disapproval, and did not even though you had contact with us on the twenty-ninth of September (when the septic tank backed up) almost a month after you received our notice and before rent was due. We sent you the copies of the receipts, on the first of October via UPS, totalling to more than $750, the amount in excess of $750 (or one month's rent) came out of our own pockets (as that is what the "Repair and Deduct Remedy" states). If you wish for another copy of the receipts we can provide them to you at any time but our obligation for the month of October was met through this remedy.
We are also enclosing with this notice Section 1942 of the California Civil Code, in case you are unfamiliar with it.
Sincerely,
Our names
CALIFORNIA CIVIL CODE
SECTION 1942
1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.
(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.
(c) The tenant's remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.
(d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law
Thank you to... http://www.ci.berkeley.ca.us/rent/OrdRegs/civ1942.html
To whom it may concern at Deerot Realty:
RE: 3 DAY NOTICE TO PAY OR QUIT
We (being the tenants of ### Xxxxxxx Xxx. Bakersfield, CA #####) would like to respond to the 3-day notice to pay or quit that we received at about 8:50 am on October 17, 2005. You received our notice on the thirtieth of August, by certified mail, that your failure to fulfill your obligations to this property and it's residents (Joseph Xxxxxx, Joseph Xxxxxx, Cameron Xxxxxxx), in regards to the repairs that were both a security and/or fire hazzard, lead us to no other option than to use the "Repair and Deduct Remedy." These repairs were promised to be done by Atco, Xxxxxx Xxxx and yourselves on different occasions. Atco is no longer responsible, as Mr. Xxxx terminated their obligation to him, the residence and the residents. On the fifth of July, your agent and Xxxxxx Xxxx both stated that the repairs would be done in "a week" no repairs were done until the fourth of August, and even then the repairs that hindered the habitability of the residence were ignored. The fact that you did send someone to make repairs on the fourth of August verifies that you understood your responsibility to make repairs. The fact that you also had more than a month to voice your disapproval, and did not even though you had contact with us on the twenty-ninth of September (when the septic tank backed up) almost a month after you received our notice and before rent was due. We sent you the copies of the receipts, on the first of October via UPS, totalling to more than $750, the amount in excess of $750 (or one month's rent) came out of our own pockets (as that is what the "Repair and Deduct Remedy" states). If you wish for another copy of the receipts we can provide them to you at any time but our obligation for the month of October was met through this remedy.
We are also enclosing with this notice Section 1942 of the California Civil Code, in case you are unfamiliar with it.
Sincerely,
Our names
CALIFORNIA CIVIL CODE
SECTION 1942
1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.
(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.
(c) The tenant's remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.
(d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law
Thank you to... http://www.ci.berkeley.ca.us/rent/OrdRegs/civ1942.html