Legal Question in Landlord & Tenant Law in California

Situation:

1 - My tenant signed a 1 year lease after coming to an open house

2 - They moved in and sign the check-in walk through

3 - The 2nd day, they realize there is a lot of stagnant water in the basement due to a broken pipe under the kitchen

4 - They called me and I am having the issue fixed: water removed and pipe changed.

5 - There is no mold in the house, but they smell something. My previous tenant didn't smell anything and me neither.

HOWEVER, they are very worry about a health hazard due to the stagnant water, even after it is removed as the mud could smell also.

They are requesting to have someone to do a health hazard check, and threaten to leave the house to go somewhere else even though we have a 1 year lease.

Questions:

1 - Should I get a hazard check to validate everything is OK after the house is removed? If so, who should pay for this inspection: me or the tenant?

2 - If the tenant decide to leave on their own without having a hazard check, can they claim their security deposit?


Asked on 7/02/11, 12:01 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

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Answered on 7/02/11, 7:29 pm


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