Legal Question in Landlord & Tenant Law in California

Civil Code Section 1942

Can I terminate my lease under California Civil Code Section 1942 if the following items are not repaired within 30 days?

Repair #1- Main bathroom sink is backing up, please clear.

Repair #2- Toilet in main bathroom is not flushing correctly and making disturbing noises.

Repair #3- Both Toilet seats in both bathrooms need to be replaced as they are deteriorating underneath.

Repair #4- Main bathroom door is not opening and closing properly.

Repair# 5- Master bedroom door is not opening and closing properly. This door was temporarily fixed, but repair was never finished.

Repair #6- Front Door knob is not turning properly.

Repair #7-Dining room screen on the window is not installed properly and there is a huge gap where bugs can enter in. Please fix screen so that it fits properly.

Repair#8-Block wall in the front has not been repaired. The wall has been down for 4-weeks now. There are 3-4 pieces of rebar sticking out of the ground that can be a safety issue for all residents.

Repair#9-The front of the building by the mailboxes is starting to deteriorate and there are support beams that look unsafe to all residents. Please make any necessary repairs that need to be made to building code enforcement rules.


Asked on 1/31/08, 6:21 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Civil Code Section 1942

Notify landlord in writing by certified mail that these things must be repaired within 7 days, or you are breaking the lease.

Also, notify local housing authority concerning the plumbing problems. The rest of your complaints are not major.

If not fixed, break the lease.

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Answered on 2/02/08, 8:21 pm


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