Legal Question in Landlord & Tenant Law in California
No response to water intrusion...now mold!
Last week, it rained INSIDE my unit, and when I told the building owner about it, he said he had other priorities to attend to. Nothing was done, and two days later, it rained again inside my unit. Again, I called the owner and again he did nothing but tell me that he had other problems to deal with. The roof is being replaced..
I have a 5 year old daughter living with me, and she has developed a runny nose and my dog has an eye discharge that he never had before. I am feeling a little sick too and am considering asking for a mold inspection. I'm pretty sure that mold is growing in the walls, since there is evidence of prior water intrusion, and the wall, ceiling and rug are very wet. It starting to smell musty in my unit too, which I understand means that mold is starting to grow. I need help!
I don't expect the landlord will get a mold inspection, so I'll have to pay for it myself. In the mean time, should I got to a motel and deduct it from the rent? Or do I have to get their ok first? What if he never does anything, and it rains inside my unit during the next storm? I can't afford to move out! I just moved here in August, and have no money to move or pay security at a new place.
1 Answer from Attorneys
Re: No response to water intrusion...now mold!
It looks like your landlord has breached his obligation to deliver habitable premises. If it has truly "rained" in your apartment and there is mold growing in your apartment, you may wish to contact your local housing and health agencies to request an officer come to expect the premises. If your housing is deemed substandard then, a formal court proceeding may necessary to abate a nuisance crested by this situation. In such a case, your landlord will be required to pay your re-location expenses while the apartment. Good Luck with it.
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