Legal Question in Landlord & Tenant Law in California
implied warranty of habitability violation?
Is a sink that backs up daily and makes the apartment smell like sewage a violation of the implied warranty of habitability? We've made 2 calls to get it fixed. They've sent maintenance people, but it's still happening. Last week, we sent a certified letter asking for repair, but they've chosen to ignore it.
I want to move out. The place stinks.
Asked on 5/19/08, 6:50 pm
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: implied warranty of habitability violation?
Call the county's board of health and have 'em come out and check for themselves. If they issue a citation, the landlord will have to fix it properly.
Answered on 5/19/08, 7:00 pm
Robert L. Bennett
Law offices of Robert L. Bennett
Re: implied warranty of habitability violation?
Follow Mr. Cohen's advice.
You can also "Repair and deduct" or "withhold rent".
Answered on 6/17/08, 7:34 pm
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