Legal Question in Real Estate Law in California
Negligent Landlord's Illegal Rental: My Recourse?
It has been established by the Oakland Code Compliance Department that the unit I'm renting is illegal - no permits have been applied for, no taxes have been paid by the landlord for this unit. I have lived here 5 years. The landlord has not fixed a severe leaking problem which causes 70% of the carpet in my one-room studio apt. to be soaking wet during and for a period of time following the rainy months. I have lost business & personal items, Have suffered damage to furniture, etc.. due to this problem. Can I sue the landlord for (a portion of) the rent I've paid for this unit, given the fact that it's illegal ? Thank you for your time.
1 Answer from Attorneys
Re: Illegal and Leaking Rental Unit
A court may decide this in your favor, on the ground that the rental was illegal. More likely,
the severe leak may provide a basis for reducing the amount which was due, on a theory of breach of the
implied and statutory warranties of habitability.
Note that the City of Oakland could require the landlord to abate the violation, which may require removing you. You
would be eligible for relocation services, including relocation costs, from the landlord (and upon default by the landord
from the City of Oakland).
You could also fix the leak yourself and withhold the amount from rent, if the cure is less than one month's rent.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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