La Mesa, CA asked in Landlord - Tenant for California

Q: The place I rent from has been having plumbing issues & my landlord is not on top of it.

I moved here at the beginning of 2020, the landlord is an older lady who pretty much has her daughter (who does not live on the premises) take care of certain things here. We told the landlord in December of 2020 that our plumbing was acting up. The toilet doesn't flush properly, due to that the toilet and shower pipes would continue to get clogged. January 2021, FINALLY able to get the toilet and shower to stop clogging and after several attempts, they finally sent someone who could diagnose and actual problem. Turns out the piping under the house was "messed with by the previous tenants" & not connected to the septic system causing all sewage to be poured out onto the dirt under our bathroom. PVC was duct-taped & PVC on the floor. The dirt was wet from water leaking. Its the begining of February 2021 and it's still a mess under there. Several attempts have been made to schedule clean & piping but it keeps getting pushed aside due to lack of contact & not showing up.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Plumbing problems affect the habitability of the apartment. As a tenant you have a right under the Civil Code to "repair and deduct" meaning you can do the repairs yourself (or hire a plumber) and deduct the cost up to one month's rent. You need to give notice to the LL first. Contact a local tenant's rights attorney and check out Civil Code 1941 et. seq.

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