Q: Regarding Senior mobile home parks and rentals in Calif.
This is regarding a nieghbor who for the last year has had a leaky roof, the park finally told her they were not going to repair the roof (cost) and told her she could move to another home that was vacant but the cost would be $500 more per month. She agreeded because she feared the mold in the old home. I could understand them letting her move, however I do not think she should pay more to do so when the problem concerned with the old home was not her fault and because she rented, they should have fixed it or let her move for the same rent. Is this LEGAL???
A:
Under California law, landlords have a duty to maintain rental properties in a habitable condition, which includes providing a waterproofed roof in good condition. If the roof is leaky and causes mold, the landlord is generally responsible for repairing it to ensure the property remains habitable. If the landlord fails to make necessary repairs within a reasonable time after being notified, the tenant might have several remedies, including repairing and deducting the cost, abandoning the premises, or withholding rent.
However, transferring a tenant to a different, more expensive unit as the sole remedy is problematic, especially if the tenant isn't at fault for the original issue. Your neighbor may have rights under the implied warranty of habitability or California's repair and deduct law.
It's advisable for your neighbor to consult with legal counsel to discuss the specifics of her situation and determine the best course of action. Documentation, such as written communication about the repairs and mold concerns, can be beneficial in such discussions.
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