Oakland, CA asked in Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for California

Q: I have moved into an apartment that on the day I moved in was not up to California building code. It has been over a...

A month and nothing has been done about windows that won’t close let alone lock. The property management company has not lived up to its contractual obligations and I’m wondering how serious this is and what I can ask for in return to be made whole?

1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
  • Arbitration & Mediation Lawyer
  • Del Mar, CA
  • Licensed in California

A: Your premises are not habitable! However, did you inspect before you paid? If not, you can certainly notify the landlord to fix it or you are gone. What can you ask for? Habitable premises. You cannot ask for free rent if that is what you are thinking. If you stay you are accepting the condition as is. Perhaps you could bargain for a lower rent -- or you might offer to fix the windows -- or both!

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