Legal Question in Real Estate Law in California

I am currently renting a commercial space below a restaurant. There is an ongoing leak from the ceiling in the bathroom. There is also water damages from there storage space/ cooler adjacent to my rental unit. There is mold growing on the wall.

The restaurant is giving us the run around regarding when the repair will be done or they don t know where the leak is coming from. The leak has been identified by an outside plumber and confirm that their entire kitchen need to be redone.

The rental agency is non responsive and we are paying our rent accordingly even though the ceiling in the bathroom is open and we have water dripping on the floor.

What are my legal and/or appropriate course of actions in this case?

P.S: we also contacted the health department regarding the mildew and they cannot do anything.

Thank you for your help


Asked on 5/05/14, 2:37 pm

1 Answer from Attorneys
Paymon Bidari Bidari Civil Defense

You have a lot of remedies under the Health and Safety Code, Uniform Building Code, Civil Code and local municipal codes as you have a right to live in "habitable conditions." The leak and the mold are not habitable conditions and you shouldn't have to tolerate it. If you would like to discuss further, please contact me- I used to prosecute land use violations.

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Answered on 5/06/14, 10:56 am


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