Legal Question in Landlord & Tenant Law in California

Sewage not cleaned up

Two weeks after moving my family into an upscale apartment building in West Los Angeles, the bathtub and toilet overflowed with sewage. The building manager only sucked up the water from the rug. It still smells bad, and the padding and carpeting are not being cleaned/replaced. Also, there is a large crack in the bathtub, and water has been leaking into the subfloor, which is weakened. I'm afraid the whole floor will cave in. There is also evidence of repeated water intrusions in the unit...water stained ceilings, dry rot on the wall in the closet, and leaking plumbing.

I've asked the building owner to fix it, but all they want to do is move me into another unit. This unit is not much better...it also has a cracked bathtub and mold under the kitchen sink. I refused their offer to move us into that other unit, because it is also unsafe and has mold, and a filthy carpet!

Now, they won't return my phone calls and I'm left living in a stinky unit with my 5 year old daughter.

I have a 1 year lease, and can't afford to move again. What are my alternatives? I am barely affording this apartment, and can't afford a motel.

Thanks!


Asked on 9/14/04, 3:26 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Sewage not cleaned up

Is there an attorney's fees provision in the lease? I think it is safe to say that your apt came with an implied warranty that it would not smell like sewage. As such, the landlord is in breach. Your options from that point are varied and they depend on many different things.

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Answered on 9/14/04, 3:34 pm


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