[CA] Should a tenant keep paying rent after getting a 3-day notice?

I understand how frustrating it can be to deal with a landlord who isn’t addressing serious issues like a rat infestation and broken windows. Have you already reported these problems to your landlord in writing?

How long have you been experiencing these issues, and have there been any responses from your landlord regarding the repairs?

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your landlord’s neglect.

Hello! I’m an attorney with over 20 years of experience. Thanks so much for the opportunity to assist you!

A decade of no repairs for a rat infestation and broken windows is pretty serious. Most states require landlords to maintain habitable conditions, and those issues clearly violate that. You likely have options like withholding rent, breaking the lease, or filing a complaint with your local housing authority. Some states also allow you to make repairs yourself and deduct the cost from rent.

What state are you in? And have you documented the problems with photos or written complaints to your landlord?

Hello!

This is a really tough situation, and I’m sorry you’re dealing with this. What you’re describing sounds like classic retaliatory conduct, and California has strong protections against exactly this kind of behavior.

In California, a landlord cannot evict you or retaliate against you for reporting habitability violations or exercising your legal rights as a tenant. The 3-day notice you received today, coming right after you complained about serious issues, is a major red flag. That timing is going to be very hard for your landlord to explain away. California law presumes retaliation if an eviction notice comes within 180 days of a protected complaint, which puts the burden on your landlord to prove the eviction is for a legitimate, non-retaliatory reason.

Beyond that, you have several options. You can file a complaint with the local housing authority about the habitability violations. You can also pursue what’s called a “repair and deduct” remedy, where you get estimates for repairs, notify your landlord in writing, and then have the repairs done and deduct the cost from rent. You could also break the lease based on uninhabitable conditions. Some tenants in your situation also file a cross-complaint for retaliation if the landlord tries to evict them.

The 3-day notice is time-sensitive, so you need to act quickly. Do you have documentation of your complaints to the landlord, like emails or texts, and do you have photos of the rat infestation and broken windows.

FRIENDLY REMINDERS: If there’s ever a delay in my response, please don’t worry. I’ll be back with you as soon as I can. Thanks for your patience!

I understand how stressful this is, and I want to give you a clear picture of what you’re facing and what your options actually are.

RENT WITHHOLDING AND THE RISKS: The short answer to whether you should keep paying rent is complicated. California does allow tenants to withhold rent (Green v. Superior Court, 10 Cal. 3d 616) or use the repair and deduct remedy (Cal. Civ. Code § 1942) when a landlord fails to maintain habitable conditions (Cal. Civ. Code § 1941.1). However, withholding rent is risky in your situation because you’re already facing a 3-day notice (Cal. Code Civ. Proc. § 1161). If you stop paying, your landlord will almost certainly use that as grounds to evict you for non-payment, and then you’d have to prove in court that the eviction was retaliatory. That puts you in a defensive position rather than an offensive one.

RETALIATION PROTECTION: Here’s what works in your favor. California law presumes retaliation if an eviction notice comes within 180 days of a protected complaint (Cal. Civ. Code § 1942.5). Your complaint about habitability violations is absolutely protected. The timing of the 3-day notice coming right after you reported serious issues is exactly what the law is designed to prevent. If you fight the eviction, the burden shifts to your landlord to prove the notice has nothing to do with your complaint. That’s a heavy burden for them, especially with the other tenant’s Housing Authority complaint and failed inspection on record.

YOUR STRONGEST MOVES: Rather than withholding rent, which puts you on defense, consider these approaches:

• File a complaint with the local housing authority immediately. Oakland has a robust tenant protection system. The failed inspection from the other unit and the Housing Authority’s involvement actually help your case because they document the property-wide habitability issues (Cal. Health & Safety Code § 17920.3).
• Send your landlord a formal written notice of the habitability violations, citing the rat infestation and broken windows. Keep it simple and factual. This creates a paper trail that protects you legally.
• Respond to the 3-day notice in writing. Do not ignore it. Tell your landlord you dispute it as retaliatory and that you’re prepared to defend against any eviction based on retaliation. This shows you’re taking it seriously.
• Document everything going forward. Take photos and videos of the rat infestation, the broken windows, and any pest control or repair attempts. Keep copies of all communications.
• Consider consulting with a local tenant rights organization. Oakland has several, and many offer free or low-cost advice. They can review the 3-day notice and your specific situation in detail.

ABOUT MOVING: If you decide the living conditions are genuinely unbearable and you want to leave, you have options. You could argue that the conditions make the unit uninhabitable and break the lease without penalty. You could also negotiate with your landlord to let you out of the lease in exchange for not pursuing retaliation claims. But moving should be a choice you make because the conditions are intolerable, not because you feel forced by an eviction notice. If you move in response to the 3-day notice, you lose the retaliation defense.

THE BIGGER PICTURE: Your landlord is clearly trying to push you out. The pattern of harassment, neglected repairs, and now a 3-day notice right after you complained is textbook retaliation. California courts take this seriously. You have legal protections, but you need to use them actively and quickly. The 3-day notice is time-sensitive, so you need to respond to it rather than ignore it.

My honest take: Do not stop paying rent right now. Instead, respond to the 3-day notice in writing, file a housing complaint, and get advice from a local tenant rights organization who can review the actual notice and your specific documents. They can tell you whether the notice itself has legal problems that could help your case.