Legal Question in Landlord & Tenant Law in California

implied warranty of habitability violation?

Is a sink that backs up daily and makes the apartment smell like sewage a violation of the implied warranty of habitability? We've made 2 calls to get it fixed. They've sent maintenance people, but it's still happening. Last week, we sent a certified letter asking for repair, but they've chosen to ignore it.

I want to move out. The place stinks.


Asked on 5/19/08, 6:50 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: implied warranty of habitability violation?

Call the county's board of health and have 'em come out and check for themselves. If they issue a citation, the landlord will have to fix it properly.

Read more
Answered on 5/19/08, 7:00 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: implied warranty of habitability violation?

Follow Mr. Cohen's advice.

You can also "Repair and deduct" or "withhold rent".

Read more
Answered on 6/17/08, 7:34 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California