Legal Question in Landlord & Tenant Law in California

Gas leak

Our landlord charges flat monthly fee for basic utilities. We don't see any bills from cable, gas, water, gardener,trash,electric.He told us to call him before calling any services for the house. Late one night I had to call the Gas Co.I smelled gas, my 3 year old was vomiting and had diaherrea, lethargic. I thouht it was flu. Landlord was out of town. The Gas Co found a major leak on the property and cited them for that leak and an improper water heater vent. My husband called to tell landlord. They contracted their plumber. Landlord called me and scolded me for calling Gas Co. I have pictures of the gas pipe. It was broken and rusted thru. The gas is fixed but the vent still needs to be done.( And the electric in back half of the house goes out if I use hairdryer, vacuum. They said use an extension cord. ) My question is what do I do? Are we being duped? I would like to move but that takes more money and my husband thinks landlord just made and honest mistake. What can I do? Thank you.


Asked on 10/03/07, 12:39 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Gas leak

At this point, write landlord a certified letter, stating the electrical problems, and tell him to fix the vent, as well as electric circuits immediately.

Until more happens, judge will probably side with husband about mistake.

If repairs are not begun within 3 days from him receiving letter, e-mail, or call my office, and we'll get into further steps, including moving out.

Good luck!

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Answered on 10/03/07, 12:54 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Gas leak

Take your child and anyone else at home during the time of the leak and have them tested for carbon monoxide poisoning. Carbon Monoxide binds with the hemoglobin in the blood and can cause long term problems. Tell the doctor that if it is appropriate you want to have treatment in a decompression chamber to oxyenate your child's or your tissues.

Present the bills for treatment to the landlord and tell him to pay them or reimburse you, since it was caused by a violation of the law. The law requires a landlord in California to maintain housing in a "tenantable" condition. His breach of this obligation caused you and your family appropriate concern for the well being of its members.

Keep written records of every communication with your landlord. Report these conditions to the Department of Building and Safety. Keep records. Any attempt to evict you would be defensible as a retaliatory eviction. You have the right to report these problems to the authorities without retribution. But, keep paying the rent.

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Answered on 10/03/07, 1:39 pm


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