Los Angeles, CA asked in Landlord - Tenant for California

Q: What can we do to get reimbursed for uninhabitable conditions?

On 11/7/23, we reported a leak from the upstairs shower down to the kitchen. There were multiple handy-men sent out to review the damage and attempt small fixes to stop the leaking. One of which, cut a hole in the ceiling, exposing potential health risks. As of 11/15/24 nothing has been fixed. We reported electrical issues, due to signs of bad electrical wiring, including flipping breakers, horrible smells when something was plugged in, etc. This resulted in one of the plugs being replaced, but no other repairs have been made. As the central heating system does not heat the upstairs effectively, we have been provided with electric oil-filled radiators to heat those areas. As the bedrooms are large and not insulated, the use of at least two of these radiators per bedroom is essential to maintain a temperature of 70 degrees but the breaker flips when more than one radiator is plugged in. These issues allow us to use only 1/2 of the home we pay full rent for, especially in the winter.

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4 Lawyer Answers
Manuel Alzamora Juarez
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Answered

A: If all your complaints have not been resolved and you have proof that nothing that they have done has fixed the problem you should hire a warranty of habitability attorney.

Manuel Alzamora Juarez
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A: If all your complaints have not been resolved and you have proof that nothing that they have done has fixed the problem you should hire a warranty of habitability attorney.

Thad law provides that you are owed a habitable dwelling. See Civil code Section 1941. 1 et Seq.

Best of luck

Manuel Alzamora Juarez
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Answered

A: If all your complaints have not been resolved and you have proof that nothing that they have done has fixed the problem you should hire a warranty of habitability attorney.

The law provides that you are owed a habitable dwelling. See Civil code Section 1941. 1 et Seq.

Best of luck

James L. Arrasmith
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Answered

A: You have several clear habitability issues that California law takes very seriously, particularly the water damage, electrical hazards, and inadequate heating. Your first step should be documenting everything thoroughly - take photos, save all communication with the landlord, and keep records of when issues were reported and what repairs were attempted.

Under California Civil Code 1941.1 and 1942, you have the right to withhold rent or exercise "repair and deduct" remedies when essential repairs aren't made within a reasonable time. Before taking these steps, you should send a formal written notice to your landlord detailing all issues and giving them one final reasonable deadline to make repairs (typically 30 days, though less time may be reasonable given the severity of your situation).

If the landlord still fails to act, you can file a complaint with your local housing authority and pursue legal action to recover damages, including rent reductions for the time you've had limited use of the property. You may be entitled to compensation for any increased utility costs from the space heaters, and potentially hotel costs if conditions become truly unlivable. Consider reaching out to tenant rights organizations or legal aid services in Los Angeles for help documenting your case and understanding your specific options - many offer free consultations and can guide you through the process.

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