Legal Question in Landlord & Tenant Law in California

temporary housing for tennant during repairs

I was shocked to get a certified letter from our tennant appx. 1

week after a sewage backup from the adjacent apartment

complaining that the floor was still ''squishy'' and the tennant was

worried about mold and bacteria. We had called a plumber

immediately when the backup occurred and had been told by the

plumber that the tennant had mopped up everything but was upset

about his rug. We were planning on getting him a new rug. My

mother, who is 81, got an earlier letter from the tennant ,

complaining of this problem, but I assured her that it was being

taken care of. We phoned our insurance co.the day the certified

letter was delivered, and they asked us why we hadn't taken care

of it sooner, that it would get to this state. They sent a company to

disinfect and dry out the floor. We have removed the floor and are

replacing it with a new one. Meanwhile, we have the tennant in a

motel. Now our tennant is telling us that he will not move back in

until we have the apartment tested by a lab. I phoned the health

department for an environmental consultant referral. Our

insurance co. says they won't pay for the test. How far can this

tennant take us?


Asked on 8/25/04, 11:10 pm

1 Answer from Attorneys
Jim McCullaugh Law Offices of Jim McCullaugh

Re: temporary housing for tennant during repairs

Sounds like your tenant wants assurances that there is no mold. The test might run you about $1,000. Do you have a written lease with the tenant and is there some language in it that might pertain to this situation?

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Answered on 8/26/04, 1:09 am


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