Legal Question in Landlord & Tenant Law in California

Uninhabitable Residence

Our entire apartment complex is currently undergoing a mold removal project. Although many units are still unfinished, my unit has been ''fixed''. I believe I should have recieved a copy of the passing retest report. Nobody did and the management company does not want to supply us with it. Furthermore, the renovation project was ordered by the City and only FULL test reports are acceptable. My understanding is that the building owner only had HALF tests performed which will be rejected by the City, yet we were allowed to move back in. And finally, the deadline given by the City to complete the project has passed. The building owner has not complied with the City. No test results were forwarded. This has resulted in the City filling charges against the owner. Several of the tenants in our complex have joined and filled a seperate lawsuit against the building owner and management company. Their lawer is stating that they do not have to pay rent until the work is done correctly. Most of the ''fixed'' units have become reinfested with mold causing some illness. My question is: Since I did not recieve any copy of a passing retest and can not obtain a copy, is my unit legally ''uninhabitable'' and therefore, should I be paying rent?


Asked on 9/28/07, 7:11 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Uninhabitable Residence

No, but there are certain actions to take first.

Read back in my answers and you'll find several comprehensive "mold" answers recently. Also, read this comprehensive web site.http://www.mold-help.org/content/view/11/

Write the landlord a certified letter, regarding your complaint. File your own protest, and request both health and building inspections. Give the landlord a limited period of time (no more than a week) to correct the problem.

Then you can either withhold rent, or move out.

Please feel free to e-mail, or call my office, if you need more.

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Answered on 9/30/07, 2:08 pm


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