Legal Question in Real Estate Law in California

Apartment only bathroom being demolished

Currently living in a apartment complex with one bathroom, and due to a water leak, the bathroom is being demolished in order to find the leak.

Due to this repair my family and I have to find other living quarters until the repairs are complete, which may be a week or longer.

1. What are the reponsibilites of the landlord?

Please advise.


Asked on 1/22/02, 4:41 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Apartment only bathroom being demolished

The landlord has the duty to provide you with a hotel room or alternative housing until he fixes the problem.

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Answered on 1/23/02, 8:09 pm
Victor Hobbs Victor E. Hobbs

Re: Apartment only bathroom being demolished

The landlord has to provide you a habitable unit or pay some money to put you up in suitable alternate housing. If you can't go a week without a bathroom, and the landlord will not do the above. Then you'll have to move. And then to recover any cost of moving, you will have to sue for. So it behooves each of you to arrive at a mutually agreeable solution to the problem.

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Answered on 1/22/02, 5:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Apartment only bathroom being demolished

Assuming you are not responsible for the bathroom leak, and assuming there is no specific written provision in the lease, you are entitled to abatement of rent for the time the apartment is not habitable due to the leak and the following repair period. You might also be entitled to 'break' the lease, but unless you are otherwise unhappy with the place I don't recommend taking this position because it could be a hassle and expense to prove it.

Abatement of rent means you don't pay for the period you're unable to occupy the place. As an alternative to rent abatement, the landlord could probably satisfy his contractual obligation to you by providing alternative temporary space at his expense, and you pay your regular rent.

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Answered on 1/22/02, 5:50 pm


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