Legal Question in Landlord & Tenant Law in California

landlord must pay for hotel during repairs?

There is significant damage to the ceiling in the hallway of my apartment due to multiple leaks that have not been fixed all winter. The landlord claims that he will be having the ceiling torn out and inspected for mold and replaced once the leak is fixed. When these repairs are being done, will the lanlord be responsible for relocating my roommate and myself as the repairs will most likely prevent us from getting from the living room to our bedrooms and bathrooms, and also because of the mold that I am sure is growing?


Asked on 4/06/06, 12:41 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: landlord must pay for hotel during repairs?

If I were you, I would talk (calmly if you can) with the landlord and explain that the remediation will cause you and your roommate to be unable to use your bedroom and bathroom, let alone live with the dust, mold release, etc., and that he should pick up the cost. It's called constructive eviction and, alternatively, I would say you would have a good claim for reduced rent because the landlord has permitted a condition that substantially interferes with your quiet enjoyment of the property. Quiet enjoyment is an implied covenant in any lease. It's also a direct breach of the written lease (you have one, right?) for the landlord to fail to maintain the premises. If you live in a rent-stabilized area, you might consider applying for rent relief.

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Answered on 4/06/06, 3:41 am


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