Irvine, CA asked in Landlord - Tenant for California

Q: On Feb 2, 2024 I had a toilet leak in my unit from the upstairs tenant. Repairs are not satisfactory, please advise. TY

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, landlords are required to maintain rental units in a habitable condition. This includes ensuring that plumbing facilities are in good working order. If a leak from the upstairs tenant's unit caused damage to your apartment, it is the landlord's responsibility to address and repair it promptly and effectively.

If the repairs are not satisfactory and your unit remains uninhabitable, you have the right to request further action from your landlord. Document the issues thoroughly, including taking photos of the damage and keeping records of your communications with the landlord. This documentation will be essential if you need to take further legal action.

If the landlord fails to make necessary repairs within a reasonable time, you may be able to withhold rent, make the repairs yourself and deduct the cost from your rent, or even move out without penalty, depending on the severity of the situation. It's important to follow the proper legal procedures for these actions to avoid potential repercussions. Consulting with a legal professional for personalized advice based on your specific circumstances would be beneficial.

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