Tujunga, CA asked in Landlord - Tenant for California

Q: Sink disposal went out who responsible our landlord or us??

The sink disposal went out my husband tryed to restarted no luck ... now there's water not going down .. we called our lanlord she yelled at my husband told him it was his responsibility and then told him she was going to evict us for not fixing it

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1 Lawyer Answer
Brian Lehman
Brian Lehman
Answered

A: My opinion: the landlord in California. You need it repaired for the place to be livable.

http://www.dca.ca.gov/publications/landlordbook/problems.shtml

"The landlord has this duty to repair because of a California Supreme Court case, called Green v. Superior Court,130 which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability.131 That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes.132 However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.133

Generally, the landlord also must do maintenance work which is necessary to keep the rental unit liveable.134 Whether the landlord or the tenant is responsible for making less serious repairs is usually determined by the rental agreement."

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