Legal Question in Landlord & Tenant Law in California

Recently some pipes were leaking under our home. The landlord had the leaks fixed, but now, a month later the aftermath is still evident. A hole is the wall where the repairmen entered, a molded carpet in the adjacent walk-in style closet and a huge spike in the utility bills. I have asked him to repair these issues but he has constantly dragged his feet. Now he says he will replace the carpet, but when I asked for reimbursement for a portion of the utilities he told me that if I couldn't shoulder the burden for them then I could move out.

My question(s) is this-

what are my rights as a renter here and did the landlord make previous missteps in the process by keeping us in the home during repairs and with the molded carpet

thanks in advance


Asked on 6/23/10, 5:49 pm

1 Answer from Attorneys

Tom Gallagher Gallagher, Krich & Bobrow APC

You may want to inform your landlord that he must makes these repairs in order to provide you with a safe and inhabitable unit. This is known as the implied warranty of habitability. If your landlord refuses to make these repairs you have a right to break the lease as mold infestation can cause health problems. You should contact an attorney and provide a copy of your lease for further information. Good luck.

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Answered on 7/05/10, 5:58 pm

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