Legal Question in Landlord & Tenant Law in California

I rented a house (San Bernardino County) that had major flood damage before I moved in and was repaired without proper permits, inspections or occupancy approval. While living there, the house developed a musty odor and excessive mold on the floors. Can I sue for return of rent paid (partial or full) since the owner failed to disclose the flood, obtain proper permits, receive occupancy approval and severe mold growth would most likely render the house uninhabitable? I've noticed the owner is again trying to rent out the house.


Asked on 6/08/10, 9:05 am

1 Answer from Attorneys

You have to have the local health and/or code enforcement departments declare the premises uninhabitable before your rent obligation goes away. If you elect just to move out, you waive any right to withhold rent. I know of no authority allowing a tenant to get rent back for an unreported condition after the tenant moved out.

Read more
Answered on 6/08/10, 12:14 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California