Legal Question in Landlord & Tenant Law in California

breeching implied warranty of habitability

What can i get the landlord to pay me for breeching implied of warranty habitability?when considering renting structure I was not informed that there was :

No permit

no foundation/2''slab no rebar/kitchen slab seperate and sinking away from other broken slab

all windows are very old and very drafty

buckled/no level floors

building falling apart and sinking due to no foundation

doors/windows dont seal

no drainage when it rains

mud in driveway and at both entries

no thermostat for heater

no working heater for first 4 years

have to go outside and plug heater in

huge gaps between walls and floors/can reach outside

exposed carpet tacks at entries

exterior siding has large cracks

and black paper is exposed

no fan over stove

no fan or heat in bathroom

coldwater faucet in bathroom broken for 4 years/told to put a vise grip on it

termites eating my furniture

huge amounts of horse and cattle manure dust inside structure during dry months summer/fall

huge cracks in corners and exposed ridge beam /getting bigger

very cold in kitchen and bathroom when heater is on.

7 years and 70k in rent.

continually told ''I aint got no money to fix it''. lndlord aware of all issues before renting .yells at me when i bring it up.


Asked on 1/28/08, 7:38 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: breeching implied warranty of habitability

This is a bit strange. If there are this many problems, why would you stay?

Have you ever reported it to county building and/or health inspectors?

It will be very difficult to go to court and ask for relief in this case since you put up with it for 7 years.

You need to file vs.landlord in Small Claims, but don't expect too much help.

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Answered on 1/30/08, 11:11 pm


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