Asked in Landlord - Tenant for California

Q: My landlord refuses to make appropriate repairs and product replacement.

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: The legal standard is not "appropriate" repairs. Read your rental agreement as to what the LL is responsible to maintain. You need to consult with a Tenant's rights attorney in your local area. Be sure you have sent a written notice to the LL about what you are requesting that he do, and be sure to give him a reasonable time period to perform the repairs. Under California law you have an option to make the repairs yourself and deduct the amount from your rent but you must provide the landlord with written notice of your intent to do that, including the amount involved. Google "Calif. repair and deduct" and read exactly what is required.

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Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: YOU CAN WRITE A LETTER STATING THE TIME THAT HAS ELAPSED, WHEN YOU SENT YOUR FIRST LETTER, THE DISCOMFORT YOU HAVE ENDURED, THEIR INABILITY TO REPAIR THE DAMAGES, AND YOU SHOULD REQUEST FROM MANAGEMENT AN ESTIMATE OF THE TIME IT WILL TAKE THEM TO REPAIR YOUR DWELLING. IF THEY FAIL TO DO SO, FILE A COMPLAINT WITH THE CITY INSPECTOR AND IF YOU ARE LUCKY TO GET AN INSPECTION, TAKE LOTS OF PICTURES AND VIDEOS OF THE DAMAGES. LATER GIVE YOUR EVIDENCE TO A TENANT LAWYER AND SUE THE LANDLORD FOR VIOLATIONS OF THE WARRANTY OF HABITABILITY AND THE COVENANT OF PEACE AND QUIET ENJOYMENT OF YOUR DWELLING. BEST OF LUCK.

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