Legal Question in Landlord & Tenant Law in California
i moved into my place dec.4.2009 knowing it was nnot new and a bit rundown but i had no idea the extent of which it was. the bathtub drains directly onto the earth below and is a goos 2 inches from the drain pipe.. untill last month my kitchen sink drained out onto the walkway and lawn. there is mold and mildew everywhere i bleach my walls and it returns there are even a few spots i will scub and scrub but it wont come off. i believe the wall itself is rotted and they just painted over it... there wasnt a flu for my fireplace which is my main and only source of heat. nearly all of the windows in the house are painted shut ( the bathroom window was painted open!) we had a verbal agreement to fix the bathroom issue where we would be paid for our labor and materials... we had an appointment for them (landlords) to come over to the house inspect and cut a check for repairs... they never showed when we called we were told they were out of the office. hours later when we called yet again one was out and another on vacation. they ignored us never got back to us and then this morning comes to my house knocks on the door and asks for rent since it is the 9th.... i'm broke i live in squaller and dont know what rights i have do i owe them money even tho they are obvious slum lords? please help me with any ifo you might have for me. thank you
1 Answer from Attorneys
Your premises are absolutely not legally habitable. Your first step needs to be to call the local health and building code enforcement department and have them inspect the property. They will cite the landlord. If the landlord does not then repair all the issues with the property, you can sue them for a court order to take care of it, cancellation of rent, your attorneys fees, and civil general damages to you of $2,000 per unrepaired defect.