Legal Question in Landlord & Tenant Law in California

My apartment manager is refusing to fix the collapsing hallway floor, termites, black mold, broken refrigerator, and the neighbor constatnly stinking up my apartment because they have a cat that sprays. I have had my car stolen and apartment broken into because they refuse to put up cameras and our gate is constantly broken. I put in a complaint with the health department but then held off when the owner finally offered to come see my apartment. All they did was patch up cracks in my bathroom and primer my ceiling to cover the mold..now i have patches and paint splatters all over my bathroom that they are refusing to cover with paint. my bathroom looks worse than ever and there is still mold. even though they supplied the fridge they are refusing to fix it, and say theres nothing they can do about the termites and collapsing hallway floor. In the meantime the empty apartments have recieved new wood floors, tile kitchens, new counters and we got a new gate around the pool.. But painting my bathroom was not "in their budget". The owner, owners assistant and manager do not speak any english so I dont even have any way of reasoning with them..Should I get legal assistance?


Asked on 5/27/11, 10:35 am

2 Answers from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Your issue deals with your apartment's habitability. In every residential lease, there is an implied promise that the premises will be suitable for living there. Your situation seems to show that the landlord has breach this promise.

The bottom line to your question about getting legal assistance is: Yes - Definitely

You can report the landlord to city and county agencies. You can sue the landlord. For some of the problems, you can withhold rent and fix the problem, yourself. This last remedy requires adherence to very strict rules about the type of problem to which it applies, the amount of money you can spend, and the type of notice you need to give your landlord.

You should not need to live in the conditions that you describe.

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Answered on 5/27/11, 11:41 am
George Shers Law Offices of Georges H. Shers

Mr. Saltzman is entirely correct. You will need an attorney to advise you how to do the rent withholding, write a letter to the owner, and prepare for the likely three day notice to vacate that you will get.

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Answered on 5/27/11, 2:47 pm


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