Inheritance and Property Rights/Tenant / landlord issue

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Question
I am a landlord and have had the same tenant for 9 years.  She pays $1465 and the unit (townhouse) would easily rent for $1750 ( Southern California).
She recently deducted $20 off her rent check because she claimed there were spider webs behind her Washer and Dyer (located inside of unit). She hired somebody to vacuum the webs.
I do not think it is my responsibility to pay for her spring cleaning. The washer and dryer is not even located near an open window or door.  she claims there is a small tear in one of the window screens. However it is my understanding As long as the window glass is not broken, the home is considered habitable.
Is it my responsibility to pay the $20?  I told her to move the hell out because for the price she is paying, I could go in and replace the carpets and paint and rent the unit out for a lot more money. Now she claims she will not move. If I serve her with a 60 day notice (month to month tenancy since the lease is long expired) does she have any claim against me because she had a spider web?

Answer
There is no statutory set off in California for spider webs like there is for a leaking roof or something that affects the habitability.

I would give her a 3 day notice to pay the delinquent $20 or quit and, at the same time, serve her with a 60 day notice of termination of the month to month tenancy;  if she doesn't pay up you can start an eviction on day 4;  if she does, the 60 day clock is already ticking.

Some people don't realize when they have a good deal.  It doesn't sound like there is any reason for you to continue to subsidize below market rent.

Good luck!

Lee

Inheritance and Property Rights

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LEE HORNER ESQ.

Expertise

Probate estate and trust questions regarding California and Arizona estates.

Experience

I've been practicing real estate, probate estate and trust law in California since 1985 and in Arizona since 2005. I do NOT do homework questions. I am unable to advise on questions involving the laws of other states.

Organizations
Arizona and California State Bar Associations and the Ninth Circuit Court of Appeals.

Education/Credentials
Business degree from the University of New Mexico Juris Doctorate from Lincoln Law School of Sacramento, CA

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