Legal Question in Landlord & Tenant Law in California

I was staying in unit 37 here in my apartments. I had water leaking from my ceiling in all areas of my unit. even through my light fixtures (i have pictures). Kept putting in repair orders for 2 mths i lived like that. Finally i started threatening them that im gonna sue them they agreed to move me to unit 20 UNTIL they fix my damages.During that time they agreed to not charging me rent until charges are fixed. Now im in 20. i have a lease for the other unit#37. Not for the one im in.Friday i got a 3 day. IM PISSED! I got proof that he was supposed to not charge me! How is it that i don't have a lease for the one im in but the one i moved out of what should i do?


Asked on 9/10/10, 6:57 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Speak to the manager, and if thast does not work to the owner. They may have accidently sent out the notice. You do not say for which unit the three day notice is. Point out to them that as to #37 no rent is owed because of their "constructive eviction" of you from the unit [too unhealthy to live in]; for unit #20 you have no lease and they said their would be no rent charged so no rent is payable and the three day notice fails because their is no failure to pay the rent that is due, namely $0. You might want to report the unhealthy conditions to the local health department to prevent an eviction.

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Answered on 9/15/10, 9:41 pm


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