Legal Question in Landlord & Tenant Law in California

Re: Landlord & Tenants

Hi, Brian. Yes, no, and maybe. Yes: you can always sue someone, but, doesn't mean you will win. No:the agreement, i.e. lease, is a contract, and you are responsible for what is in writing on the document (usually prepared by lawyers for landlords, who don't have the Brian H.'s best interests at heart. Maybe: there may be some grounds to void the clause in the lease. Usually these include fraud (landlord or management company knew drain was defective, or should have known) and hidden defects (again, never told you about defective drain). Key is the time element: when was there knowledge of the defect? Did they have enough time to fix problems and ignore them? This is why insurance companies sell renter's insurance, although I am not a fan of the insurance industry.

Re: Landlord & Tenants

I apologize for missing a possible key point...if the defective drain posed a health hazard and would be a code violation, my earlier answer was incorrect. In a nutshell, if a housing inspector finds that the defective drain resulting in substandard living conditions, you have a number of rights. Call your local authorities, and report the drain. Worst that can happen, is this answer is meaningless and we are back to answer #1. Best that can happen, your damages are covered, and landlord must repair the defective drain.