Legal Question in Landlord & Tenant Law in California

Need legal advice

I live in a studio with my two year old son and girlfriend my question is, is ther any kind of law stating that ther must be proper air ventalation above a gas stove the reason im asking this is because our air ventalation unit above our gas stove looks real and the fan and light turns on/off but just recently after two years of living here i found out it is completly fake all the smoke it sucks in blows right back out into our place thers no air duct at all..... i had to remove the battery from the smoke alarm since day one i now know this has effected my sons breathing and helth and probably mine and my girlfriends what should i do and who should i contact??? thanks


Asked on 6/25/07, 2:46 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Need legal advice

I am quite busy today, and I will give you an answer ASAP (probably late afternoon). You appear to have a very good chance at winning a lawsuit, and should report this immediately to your landlord (in writing) and local health department. More Later.

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Answered on 6/25/07, 3:46 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Need legal advice

Give your landlord immediate notice, in writing. Keep a copy, and if he isn't available in person, send certified letter, return receipt requested. This doesn't require any legal form, but (1) must be in writing; (2) is signed by you; (3) has the date on it; (4) and clearly spells out the problem; (5) if possible, take pictures

The law permits you to move immediately, if you want to, and can afford to.

You can pay for repairs yourself, and deduct from the rent (subject to restrictions).

You can withhold rent (subject to certain restrictions) until repairs are made.

You can get help from city (or county) housing inspectors.

Serious repairs need immediate action, and the law says improper gas facilities qualify as serious.

Please do not hesitate to e-mail, or call, for my advice.

After repairs, you have a good possibility of winning a law suit against landlord, particularly if he were aware of the situation, and didn't ever tell you. But, take care of your family's health first.

Good luck!

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Answered on 6/25/07, 7:09 pm


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