Sacramento, CA asked in Real Estate Law and Landlord - Tenant for California

Q: I have a really bad leak from the ceiling in my bedroom. I notified the manager about this issue over a month ago.

Maintenance said they couldn't find any leak. My walls are really bad in both the bedroom and bathroom. I have videos and pictures of the damage this leak has caused. They have yet to inform me of how they are going to fix this. I'm worried about black mold and my health. What exactly are my rights in this situation?? It just keeps getting worse everytime it rains.

I'm not exactly sure what to do now, besides move out...

2 Lawyer Answers
Manuel Alzamora Juarez
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: Your best course of action is go to the City inspector and complaint about your living conditions. If you feel feverish or have a lung infection , please go to the doctor and once you have your photos, videos, city inspector report and medical records call your warranty of habitability attorney or a housing problems attorney and ask him to represent you on your case. Do not stop paying rent. Best of luck

N. Munro Merrick
N. Munro Merrick
  • Del Mar, CA
  • Licensed in California

A: A lot more information would be very helpful. How long have you lived there? Do you have a fixed term lease or is it month-to-month? Would you want to move out, or do you want to stay and only want the problem fixed? Are you the sole occupant and tenant? How soon do you want the problem fixed? Are you in an apartment? If so, what floor ?

Going to the city inspector to complain is a good step, but he will not fix the leak. Leaks can be very difficult to locate, because the source of the problem could be some distance from where the water is appearing in your bedroom.

I suggest that you contact the landlord by telephone or email, confirmed by regular mail, and tell him that the problem is serious and needs to be fixed promptly. Also tell him that if he does not get someone the job within 5 days, you will hire someone and bill you for the cost. Tell him that you will have to move out if it is not fixed. He has already had a month, and he apparently did have someone come out who could not find it because it still leaks.

You probably have a habitability issue and it would be useful to hire an attorney. It will also speed up the process of getting a solution.

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