Legal Question in Landlord & Tenant Law in California

Can a landlord evict .....

Based on other responses that I've read, I understand that a landlord cannot legally evict a tenant for being a ''whistle-blower''. My problem started in Nov 2006 and I still do not have a habitable bedroom/bathroom because of on-going plumbing problem. Literally, I sleep on a futon in another room, I don't even use my own bedroom. I had 2-inches of water in my bathroom again last week, and it is obvious that pipes are leaking from the subfloor into the bedroom. The landlord came out and looked at it last week and her response was ''it doesn't look that bad.'' She is in denial and refuses to fix it. I have put the request in writing before and she did nothing. Problem is, I cannot afford to pay for the fix (in order to do a 'repair and deduct'). So, I feel like I'm stuck with this leaky bathroom.

Another problem is, she and I are (were) friends so she is non-chalant about her responsiblity in this and since we do not have written lease (I know, my bad!) ... what are my options?


Asked on 3/28/08, 7:20 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Can a landlord evict .....

Decide whether your sanity and/or pocketbook is worth the friendship.

Option 1--leave it as is.

Option 2--Call the health and housing inspectors, and get a report. You already know about "repair and deduct", but the premises sound unhealthy.

Your description indicates this place will be condemner.

Her nonchalance is crucial. The absence of a written lease isn't important, until and unless you get to court.

Please e-mail me at my office, if I can help you more.

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Answered on 3/28/08, 10:37 pm


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