Legal Question in Landlord & Tenant Law in California

My apartment ceiling has a terrible leaking problem when it rains. I have lived here for a year and a half, and I had the same problem with the ceiling last winter as well, but this winter, the leak has worsened. The ceiling has been patched from the inside many times, and the roof was once fixed as well, but obviously it did not help. The past few times it has leaked, nobody has even come to do anything to fix it. I was told that the corporate maintenance team is investigating the problem. But in the meantime, the leaks continue. I live in a loft apartment, and the leak affects my upstairs and my downstairs. I have a large tarp covering both areas, but my belongings still get wet and it is very hard living with tarp covering half of your apartment. I am very stressed out and unhappy, as my conditions seem unlivable, yet I am still paying astronomical rent. Are there any legal actions I can take here?


Asked on 12/30/09, 8:34 am

1 Answer from Attorneys

It depends on how big a fight you want to pick with your landlord. A leased premises must be reasonably water-tight in the living spaces (as opposed to a basement for example) or it is not legally habitable. You can withhold rent and then use that as a defense when they try to evict you. You can move out and sue for constructive eviction, or you can take them to court seeking an order that they repair the leak and for a rent abatement for the duration of the water intrusion.

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Answered on 1/05/10, 9:44 pm


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