Legal Question in Landlord & Tenant Law in California

The house we rent was damaged in a 6.0 earthquake. The city inspected and placed a restricted usage tag on it but did not say it was uninhabitable. The landlord then hired an engineer who said he would not sign off on the house as safe so the landlord kicked us out that day. No questions, just get out. You may not sleep in or otherwise reside in the house. They allowed the use of a classroom on the property for 2 nights and then said get out of there as well. They have also refused to allow a 5th wheel on the property so in effect, 4 people a day 2 dogs have been displaced with virtually 0 days notice and no offer to assist with expenses incurred. Is this legal?


Asked on 9/07/14, 4:21 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

It depends on the restricted usage tag. Generally if a building is tagged it means it either is unsafe even to enter, or it is unsafe to sleep in and/or occupy. So I'm unclear why you claim the building was tagged but not uninhabitable. Tagged usually means you can't live there or at a minimum can't sleep there. If that is the case, the landlord not only has the right to, he has a duty to kick you out.

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Answered on 9/07/14, 5:20 pm


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