Legal Question in Landlord & Tenant Law in California

sewer pipe broken

The sewer pipe running from bathroom from apt upstair down inside my bedroom wall is broken. Wall and carpet soaked with dirty water.The bedroom have very bad odor. Contact lanlord but it take long time to fix this major job. can I leagally move out and break one year lease.


Asked on 4/13/07, 1:35 am

1 Answer from Attorneys

Bryan Becker Stutz Artiano Shinoff & Holtz

Re: sewer pipe broken

I am sorry to hear of your problem. CA Civil Code Section 1941 requires your landlord to maintain your unit fit for the "occupation of human beings." This includes providing a healthy and safe living environment. Standing sewage water in your apartment is not a healthy and sanitary living environment. You should contact the landlord via phone and via a letter sent certified mail, return receipt requested to inform him/her of the problem and request repairs. If the repairs are not made in a "reasonable time" (in this case that may 1-2 days) then you need to write the landlord another letter, certified return receipt, explaining the reason you are moving out immediately. Then move out. Be sure to take pictures and keep a record of each detail relating to the incident. Be sure to return keys and any other property belonging to the landlord when you move out. If you need additional help, please do not hesitate to contact me. A good resource can be found below:

http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

Yours truly,

Bryan Becker

877*201*8728

[email protected]

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 4/13/07, 11:30 am


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