Legal Question in Landlord & Tenant Law in California
Apt not up to code
Recently discovered my apartment is not up to housing code via no smoke alarm, no heating unit etc. (I have been using a portable heater I bought from a hardware store.)
Apt. failed inspection and cannot be brought up to code and I now have to move because of it. Is the landlord required to pay my moving expenses??? (I do not live in a rent control city.)
2 Answers from Attorneys
Re: Apt not up to code
You have been constructively evicted so your obligation to pay the rent ends when you leave. But I am not aware of any section that requires the landlord to pay your moving expenses. If you had intended to stay at your former residence but then saw this one so moved and told the landlord you were moving because he was telling you that yo would be improving your living conditions, then you might be able to claim that the landlord breached his contract with you and to set you back in the original pre-breach status he has to move you back to the prior residence or a similar one. But I doubt a judge would accept this novel argument, although the landlord might be afraid of it and might offer to compromise with you.
Re: Apt not up to code
Follow Mr.Shers' excellent answer and pertinent advice.
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