Legal Question in Real Estate Law in California
Mold, mice, and lack of heat issues- can I break lease?
I live in a cottage behind my landlords house. I have been sick since Fall off, but mostly on, and I can't seem to feel better until I leave for days.
Water poured through my ceiling on day a few months ago (buckets). It was repaired from the outside but never inside. Luckily is rained on fake stone over a fireplace, but the sheetrock bubbled and cracked. I am worried about mold settling in.
Further, I can never get this place warm. I have a fireplace that does not draft well and emits smoke IN my place no matter how much I fix the lever. My landlord would prefer I used the fireplace, but cannot with the potential for carbon monoxide poisoning. I have a small plug-in heater that is supposed to last me in two rooms that she provided. She warned me not to use it too much. It--name removed--freezing and I am using it all the time. She covers electricity and she said her previous landlord used it too much and it cost her a lot.
Next, I have found mouse droppings and contacted her about it. First she said to put aluminum foil around the opening of the sink. Is this my responsibility? Second, the mouse droppings have amplified. I have cleaned them all up and re-contacted her.
Do I have grounds to break my lease? I nee
1 Answer from Attorneys
Re: Mold, mice, and lack of heat issues- can I break lease?
Ding ding ding! Lack of heat is a winner (it's a breach of the "warranty of habitability"). See caltenantlaw.com
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