Legal Question in Real Estate Law in California
Negligent Landlord Refuses To Maintain Property
I rent a unit in Oakland, CA. on a month to month basis. For 3+ years, I have verbally complained to the owner, who lives onsite, about the horrific leakage problem during the rainy seasons. The damages I've incurred include loss of clothing, furniture, inventory items, and personal & business documents. Landlord has not followed through on promises to resolve the problem. The carpet throughout my entire studio unit is completely soaked with rancid rainwater, and when stepped on, water gushes up around one's feet. Landlord expects full rent payment every month. I must leave the heat on constantly to try and dry out the carpet and due to the fact that the floor is very cold (as well as wet). Landlord constantly complains about the heating bill (lease specifies utilities included) and threatens to raise rent to cover the expense. Please advise as to my rights including can she be sued for breach of contract (not maintaining the property), the extensive damages I've incurred, the health problems I've suffered as a result of the mold, negligence, etc... Can I be reimbursed for overpayment of rent - 80% of the entire unit, not including the bathroom, is soaked. Thank you very much.
2 Answers from Attorneys
Negligent Landlord Refuses To Maintain Property
There are at least two ways to approach this problem.
1. You could sue for the violation of the covenant that the house be habitable. With the conditions described in your request the apartment is not habitable. Your damages could include the loss of personal property and injury to your health.
2. You could contact the city of Oakland department of code enforcement, or whatever they call it, and complain about the conditions. They would inspect the apartment and order the landlord to fix the leak and problems it has created. This approach may be slow depending upon how it is handled by the city. If the landlord is cited for criminal violation your damages could be paid through the probation department. as a condition of probation.
If you wish to procede by representing your self check the Eviction Defense Manual and Nolo Press, or other such publications.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
Re: Negligent Landlord
In addition to the remedies suggested by Mr. Johnson, you can withhold rent for the failure of the landlord to provide habitable premises. If the landlord files an eviction action, the court is likely to refuse to order you
evicted, and may reduce the rent which you need to pay, perhaps to zero. If the landlord tries to evict you after you elect this remedy, and after you call Oakland Housing Conservation to obtain an inspection, he is likely to be
found to be retaliating against you for exercise of your rights, and again the eviction will not be allowed.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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