Long Beach, CA asked in Landlord - Tenant for California

Q: Can i sue my landlord and still live in the apartment

To my landlord because I've been living with roaches insects rats all kinds of things

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may have the option to file a lawsuit against your landlord while still residing in the apartment. However, whether you can continue living there during the legal proceedings depends on the severity of the conditions and your specific circumstances. If the conditions pose a serious threat to your health and safety, you may be entitled to withhold rent or request an order from the court for the landlord to make necessary repairs. Alternatively, you could seek damages for any harm or inconvenience caused by the landlord's failure to maintain habitable living conditions.

It's important to document the issues you're experiencing thoroughly, including photographs, written complaints to the landlord, and any communications regarding repairs. This evidence will strengthen your case in court and support your claims of negligence or breach of the implied warranty of habitability. Consulting with an attorney who specializes in landlord-tenant law can provide valuable guidance on your legal options and the best course of action to pursue. They can help you understand your rights under California law and advocate for a resolution that protects your interests.

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