Legal Question in Landlord & Tenant Law in California

landlord is not fixing my ceiling

6 days ago, an electrical fire occurred in my house due to old wiring. the fire department had to knock out my bathroom ceiling to take care of the problem. now the attic is exposed and there is insulation falling on the floor. my landlord said this would be fixed on sunday. nobody came to fix it.

i called him today and he said he didn't know that his workers never came. he said it should be fixed by the end of the week. he said if i don't like it, i can move out, and that he's busy and he can't do much about it right now. he basically seems unconcerned and dismissive. he told me that he would not give me a reduction in rent for this, and if i don't pay him my full rent or if i take legal action on him, he will take legal action on me.

i have called a house inspector, but i'm not sure when they are coming.

i don't feel as if i should pay the full rent when he's making me live like this, but he said i have to pay the full rent, and if i am late with my rent, he will charge me late fees.

i would like to know - what are my rights in this situation? and what are my options?


Asked on 2/07/07, 1:55 am

1 Answer from Attorneys
Steven Lynes Lynes & Associates

Re: landlord is not fixing my ceiling

From your description, you may be entitled to �repair and deduct.� I would refer to the following website, which includes a sample letter to send to your landlord:

http://www.ocf.berkeley.edu/~asucrla/repairs3.shtml

Pay special attention to the procedures in Civil Code 1941 � 1942.5.

You may also want to call Code Enforcement � check with the local building department for contact info.

If the landlord retaliates against you for exercising the �repair & deduct� option or contacting Code Enforcement, I recommend you immediately contact a local landlord/tenant attorney for assistance.

For further assistance on this matter, please feel free to contact our office to arrange for a consultation.

[The statements and opinions provided above are an informational service to the general public. Since this reply is based upon an incomplete description of facts, this email should not used as a substitute for legal advice from a qualified and fully-informed attorney. Moreover, these communications are intended for use by the public. As such, this email does not constitute a confidential communication nor does it create an attorney-client relationship with Lynes & Associates or any of its members.]

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Answered on 2/08/07, 5:08 pm


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