Legal Question in Landlord & Tenant Law in California

I live in bakersfield, california

My landlord states, I have to go to the post office and pay $50 for my own "home" mailbox key.

she will not provide one. Is this legal?

she also states they will not fumigate for pests (cockroaches). I am a new renter.


Asked on 7/20/10, 10:10 am

1 Answer from Attorneys

Dawn VanHorn VanHorn Legal

Without seeing your lease or rental agreement it is difficult to say if your landlord is obligated to provide you with a mailbox key. Your landlord is obligated to provide you with a place that is habitable & satisfies all state and local building and housing codes- no mold, no infestations of pests, no bare wires hanging out of the walls, toilet, sink etc. This duty cannot be waived in a residential lease or rental agreement.

If you are seeing 1 or 2 cockroaches that may not rise to the level of infestation. If you have an actual infestation of cockroaches then your landlord has breached her duty to you and has not complied with state or local housing codes. If the property is truly uninhabitable the housing authority can cite the landlord for a substantial violation. If charged with a substantial violation the landlord may not collect rents or sue the tenant for unlawful detainer if the condition has existed for more than 30 days.

You can make a complaint for code enforcement by going through your local police department- DO NOT CALL 911- call the local number for the police or check their website for a code enforcement section.

Dawn R. VanHorn

VanHorn Legal

(714) 396-4152

www.vanhornlegal.com

[email protected]

www.vanhornlegal.wordpress.com

The foregoing has been written by Dawn R. VanHorn, Attorney & Counselor at Law. If the designated recipient(s) of this communication have not fully executed a retainer agreement engaging Dawn R. VanHorn and/or VanHorn Legal relating to the subject(s) of this electronic message nothing herein constitutes nor is intended to be legal advice and as a result should not be relied upon as such.

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Answered on 7/20/10, 7:22 pm


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