Legal Question in Landlord & Tenant Law in California

Dangerous and Insanitary Conditions

A home on our street had a major

sewage leak that affected the whole

property and the adjacent property

(i.e. cesspool).

Public Works finally came after the

landlord failed to take it seriously and

installed a 'temporary' fix to allow

the tenants to continue living there

while the owner got his sh*t

together. He never did.

After 5 months(!) the issue was

brought to a City Coucil meeting and

the resolution was that, yes, there is

a dangerous and insanitary condition

existing at the property. (duh!)

What does this mean for the

tenants? Will there be an eviction

since the landlord failed to comply,

seeing as the house is in fact

dangerous and insanitary?

This is in Oakland, CA and i'm not

sure what the usual procedure is.

Thanks.


Asked on 7/11/07, 11:32 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Dangerous and Insanitary Conditions

I am quite busy this morning, and will get back to you as soon as I can (hopefully, around noon).

Sounds like owner isn't going to evict, though, so you are probably alright for a few more months. More later.

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Answered on 7/12/07, 9:11 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Dangerous and Insanitary Conditions

The property will have to have the sewage leak fixed, or it will be condemned and yo will have to move.

Right now, if you wish, you can consider the lease broken by the owner, and move without any penalties, or damage to your credit.

If you wish to stay, I am assuming that shortly the property will be condemned and the city will make repairs. Until then, despite being dangerous and unsanitary, you can remain, however, you will also continue to have to pay rent, so I would move as soon as you can. This place is not only dangerous to your health, but to your pocketbook.

Good luck!

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Answered on 7/12/07, 3:21 pm


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