Legal Question in Real Estate Law in California
Rental Property Flood
Define "reasonable time" for repairs. Water pipes broke below the cement slab, causing flooding and no hot water for 6-7 days making
the rental house unlivable. (No hot water, wet carpets, etc.) Are we, the tenants responsible for paying the full month's rent when conditions are unlivable? May we deduct costs for showers abroad, bottled water and other incrued costs?
Should the realestate property management office pay for a motel for showers?
1 Answer from Attorneys
Re: Rental Property Flood
A landlord may not rent a house without heat or proper hot water, or in which there is water entry.
You may withhold rent (subject to a court's disagreeing with the amount withheld) representing
the loss of use. You cannot withhold for showers or bottled water, but you may have
a cause of action for breach of contract which could include these items. You may terminate the
lease for "constructive eviction" for failure to make repairs promptly when the conditions
make the place uninhabitable.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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