Legal Question in Landlord & Tenant Law in California

Our apartment building management has started a project installing washers and dryers in our building regardless of tenants' wishes. The first step is asbestos abatement. All work goes on for 3 weeks while the tenants are occupying the units.

I submitted a certified letter to management stating that we will not allow this in our apartment unit based on the following:

1. As a husband and father it is my duty to protect the health and safety of my family and I feel that any forced work regarding this is a disregard for both.

2. My wife home schools our 2 children and is a registered school in the state of California. By the ongoing drilling, painting, and asbestos abatement is disrupts this education for 3 weeks.

We received a follow up email as a result of the letter stating that "they understand the situation and will take the matter to upper management". Yesterday all tenants on our wing received notices that the project is going forth and will commence in 2 weeks.

I want to put aside the landlord tenant rights because I've already reviewed them. I want to focus on our 2 arguments instead.

What are our legal choices?


Asked on 9/01/13, 12:38 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

I recommend that you negotiate with the property management to see if they will pay for your family to live in another unit or in a motel or hotel until the work is completed. If you resist the repairs that the management company is allowed to make by law, you may face an eviction.

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Answered on 9/02/13, 10:34 am


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