Legal Question in Landlord & Tenant Law in California
tenant rights
Me and two other friends recently moved into an old Victorian flat in San Francisco, CA (Noe Valley area). So far we've been there about two weeks and we've noticed a number of problems. The biggest problem is mold. Under a large painting hanging in the kitchen (a painting left behind by the land-lady) we found rampant mold growth. In addition we noticed a portion of the flooring (2 by 2) is completely rotted away. We didn't notice these major defects when we signed he lease because the owner had them covered up. She also didn't do a ''walk through'' with us after signing the lease. After moving in, it took a couple of days to notice these defects due to the abandoned furniture from the prior tenants (one of whom was the owner of the unit). Now we've come to understand that this lady is shady and will probably not respond to our issues appropriately. We're even considering breaking the lease if we can. I've already read up on our tenant rights, but I'm still not exactly sure the best way to approach this. I read somewhere that we can claim ''constructive eviction'' and move out, but first we have to notify her of the problems and give her an opportunity to make repairs. What's the minimum amount of time we can give her for repairs?
1 Answer from Attorneys
Re: tenant rights
You are very well read on this, and quite erudite.
Make complaints to the health and building inspectors, and give her seven (7) days to make repairs. Send it certified, return receipt requested.
If the inspectors tell you it is not livable, i.e. about to be condemned, you can move out and be sure that a judge in small claims is extremely unlikely to rule against you.
Good luck!
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