Santa Ana, CA asked in Real Estate Law for California

Q: There's with plumbing and the landlord has said to have "fixed" it 2 times, but it hasn't gotten fixed. what can I do?

The same problem has come up 3 times over the last 6 months. They said that the problem was fixed, but today it happened again for the 3rd time. The water goes from likely a leaky pipe, under the tiles, and to the carpet. The carpet and wall are constantly getting moldy. They poorly replace the carpet (they cheap out on repairs) and only paint over the wall. Last time, they claimed that they figured out the source and again the problem came up. Since the 1st time they thought the problem arose, I could tell that people in my family have been feeling ill, but I'm no 100% sure if it's related.

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

A: You could have a serious mold problem here that could be permanently damaging the health of you and your family, particularly the kids. Mold can be more harmful than second hand smoke to kids. You need to contact a Personal Injury attorney that deals in mold cases, they will probably have a free consultation for you. There is also a repair and deduct option that you can use to get it fixed yourself if it can be done for the amount of one month's rent. You have to give the LL notice that you intend to do that. The shoddy repairs affect the value of the rental and you could sue him for a rent abatement if you can prove the carpet damage and moldy walls. Consult with the mold attorney.

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Manuel Alzamora Juarez
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Answered
  • Berkeley, CA
  • Licensed in California

A: First of all, go to the doctor to determine. Any maladies resulting from the bad plumbing . Most usually, you will get as asthma diagnosis or some type of respiratory infection. Second, make sure that you are complaining in writing. Third, go to the city inspector and ask him to take a look at your problem in the apartment or house and if he finds anything wrong, he will write a report. Tehran call a lawyer and let him handle your problem. Best of luck.

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