Legal Question in Real Estate Law in California

I would like to know where I stand As the co-leasee....Myself and a roommate moved in newly remodel 2 bdr. Appt. Next to leeve. Come to find out the appt. is not legal. No permits, And

new propertys mush be raised so many feet. Our lease is up in august.We have paid very little

of our deposit.We just got notion to vacate in 60 days. Is the landlord liable to help get us in a

new place. Do we stop paying rent.

Any information would be wonderful.

Thank you so much

for your time with this

Debbra Cooper


Asked on 4/11/10, 5:12 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Stop paying rent (the apt is uninhabitable). Use the money you save to find a new place. If the landlord takes you to court, file a response within 5 days raising the issue of habitability, and at the trial show the judge the paperwork from the building dept. or whomever.

caltenantlaw.com

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Answered on 4/16/10, 5:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Stone, assuming the notice you're describing was issued by a public agency like a building inspector. If the early move-out causes both of you more than you save by not paying any more rent while you're there, you can sue in small claims for the balance reasonably due you. This is a breach of lease by the landlord.

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Answered on 4/17/10, 3:41 pm


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