Legal Question in Landlord & Tenant Law in California

Is the tenants responsible for the owner not paying the utilities bill the hot water & water bill, the owner didnot pay the bill because of other tenants want her to do repairs to their unit, but there are repairs that needed to be done to all eight units, the roof at the top had plastic cover, and the city site the owner, there deadly spider in all the unit, some tenant file a claim with there insurance company, but the inspects keep coming back, this been going on over 12-months or more. The managment company threat to kick the tenant out because they file a claim to insurance company, and they are on section 8. The repairs been over 12-months and longer, section 8 stop there payment over 5-times and now to keep the water on that in our rental agrrement the owner is to pay the hot water & water, light for the building, but of us tenant paid the bill up until 2/1/2010 from 12/22/09 there was no water nor hot water in our units, plus, it not wealtherproof, the cold air come better the windows, doors, balconies, beside the bugs that walk up under the walls, from different units, do we take them to small claim court or unlimit court.


Asked on 1/09/10, 11:25 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Depending on what the lease contract says, that person has to pay the mentioned bills. If nothing was ever said the landlord must provide heat and hot water under State law.

If the building is in tha bad of a shape, you need to move out. The LL is not going to fix it until the City threatens to shut it down or take control away from him. You have been constructive evicted because of the condition of the building so you do not have to pay rent.

For damages that are the same for everyone [payment of utility bill, reduction in rent because of building condition] you could file a joint suit in Superior Court but that has a filing fee of $350 [not sure but every plaintiff probably has to pay a fee] and it will take close to year to have any chance of getting it resolved. Go to Small Claims Court instead [$30 and can petition to have that waived] with each tenant filing their own suit. You might want to form a steering committee to co-ordinate the suits; you then can put a judgment lien on the apartment building, but if the mortgages on it exceed the value of the building, which is probably the case, foreclosing will just remove him as owner [takes about 120 days to foreclose]. Read the bookds available on SCC and how t prepare your suit and/or pool your money to hire an attorney for 1-2 hours to help you.

Good luck.

[not proof read]

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Answered on 1/20/10, 6:08 am


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