OK, taking this a step further, if the landlord doesn't fix the non-operational bathroom and kitchen lighting we talked about last week, what is the next step?

The tenant should call and follow up with the landlord. If that yields no response, then a formal request for repair should be made in writing. Sending in a letter with the rent check or via certified mail is a way to track receipt.

Ultimately, the tenant can hold back payment of rent if they had to pay for a repair that was an emergency or requirement to make the home habitable. However, attempts to allow the landlord to correct this problem should be made. If tenant requests are made, documented, and ignored, there are two choices left:

1) Hire an electrician to make the repair — after giving the landlord ample notice of the intent, then provide receipts and proof of payment to the landlord, asking for reimbursement. If the landlord will agree to accept the repair value in lieu of rent, get a written agreement.

2) Give the landlord the required notice and move out. Often moving is the easiest solution, since the landlord is likely setting a precedence for all repair requests. If there is a term lease involved, then moving out may not be a solution as it would break the lease and incurr further legal issues.

Should the tenant elect to pay for the fix, it's possible the landlord won't reimburse the repair. Then comes the choice to eat the cost and continue on as a renter, or cut your losses and move. Withholding the repairs from rent is valid in some situations, though the landlord may still start eviction proceedings for non-payment of rent. Going this route involves time, patience, and a clear paper trail.

A question was posed about a bathroom having electrical problems (no lights) after an owner repaired a leaking dishwasher. Power was lost in part of the kitchen and bath when the dishwasher repair was made. The owner didn't know what the problem was and hadn't been able to fix the electrical problem–for a time.

Often renters get fed up with recurring issues or annoyance things. They want to know if they can just withhold rent and force the landlord to fix things.

Technically the landlord has to provide the basic living standards, which include electricity, heat, sewer, and cooking ability. Tenants can withhold rent if the house is not habitable.

The definition of uninhabitable is not a few non-working lights. Likely conditions for uninhabitability are emergency situations where there's been a fire, roof damage or water damage affecting the house so portions can't be occupied, septic system failure, heating system failure (in the winter), etc. A tenant can't withhold rent just because the landlord didn't fix a problem right away. We've had two heating units fail days before Christmas this year, and due to holiday business hours, it was impossible to immediately install a new heater, but arrangements were made to diagnose and order the repair as soon as possible.

The key is in the responsiveness of the landlord. In this situation, no lights are an inconvenience that becomes a hazard. Showering in the dark could lead to slipping and falling. Not having full cooking ability in the kitchen or intermittent electrical becomes a hazard. It's a poor decision if the landlord puts off the repair, but intitially not a cause for withholding rent.

Just wanted to let you know that if you need a referral to contractors or repair personnel in the Bay Area, we're happy to help you out. With the management company we have a gambit of people we work with regularly and can recommend……cleaners, retrofit windows, bath/kitchen contractors, tile/floor installers, electricians, etc. Feel free to email us and ask if you are planning to do some home remodeling. No strings attached!

Wow! It's hard to believe it's been two weeks since we had a chance to post. In our small corner of real estate, things are still moving! And moving rather quickly. The end of August seems to be a busy time for those who have their homes on the market…..listings tend to expire on 8/31, the "end of the summer."

Just a quick note to remind you that if you have a vacant home that 's not sold, now would be a good time to feel out the viability of renting your home. We have a number of people who are planning to do this and considering property management services. Usually homes fresh off the market can be rented within the first month of vacancy since they're clean, tidy, and show well. If you would like a management quote let us know…if you're thinking of renting it yourself…you can get a number of free lease forms from California Apartment Association's website, www.caanet.org.

Can my landlord charge $200 for not having my rent in by the 5th?

Look at your rental or lease agreement. The terms of late rent payments should be outlined there, whether it be a flat fee or a graduated rate (every day it's late the fee increases). If you signed the agreement and/or accepted the keys and are paying rent…then you have committed to all terms of the lease.