Legal Question in Landlord & Tenant Law in California
major issues with my landlord
I moved into this apartment in june of this year. since then we have found out many things about our landlord and apt. First our landlord wasnt suppose to rent out our apt. he refuses to fix any problems. I just found out he had painted over black mold. he has also turned off our water with out any notice. I have a 3 monthe old baby and water to make bottles is a must. our bathtub is cracked and our toilet is broken. we told him we will fix it and take it out of our rent and he wont let us he said he will evict us. this is a non-stop issue with him and all the other tenants he ever has he is currently going to court with 2 other tenants, this is only a 4 unit complex. I called the health and codes inspectors and they knew him right when I said his forst name. they have had many complaints about him. he also enters my apt. the minute I open the door as if I told him to come in. what am I to do???
2 Answers from Attorneys
Re: major issues with my landlord
You'd be wise to move immediately. It is a breach of your lease not to have running water and a working toilet. He's also breaching your lease by interfering with the implied covenant of quiet enjoyment. And the health board should levy a hefty fine, sue and put the building into receivership.
Re: major issues with my landlord
Your description appears to be what is termed legally as a constructive eviction and is illegal subjecting the landlord to damages, sometimes in the 10's of thousands of dollars. However, the issues you present are complicated and require more analysis than is available in this venue. Contact an attorney, or if you live in Southern California call my office to schedule a free consultation.
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