Legal Question in Landlord & Tenant Law in California

Tenants rights concerning over due maintenance

A co-worker is concerned about what rights she and her roomate have in regards to maintenance that has been ignored. The complaint is, for two month's now into their lease they have continually requested maintenance be done on an existing mold problem in one of the bedrooms apparently from a previous flooding problem prior to moving in. It was not noticeable when they signed the lease. The response from the landlord/manager is he's under staffed and will get to when ever he can. That has been ongoing for two month's. What if anything can the tenant do. Is there a time limit that the landlord has to respond to maintenance problems. Or can this just keep being ignored. Is there a book of tenants rights and landlords responsibilities available. Thank you


Asked on 10/12/05, 4:32 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Tenants rights concerning over due maintenance

You can do what is called ''repair and deduct,'' by which you make the repairs yourself and deduct the cost from your rent. Be careful, though. You should notify the landlord that you will be effecting repairs yourself, since the landlord is unable, or unwilling to do them themselves. Then get estimates from two or three certified mold contractors and hire the lowest one. Deduct their costs from your rent. Good Luck.

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Answered on 10/12/05, 5:38 pm


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