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Q: Renter's Rights ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Renter's Rights
Category: Miscellaneous
Asked by: pokerpro-ga
List Price: $5.00
Posted: 09 Jan 2003 20:14 PST
Expires: 08 Feb 2003 20:14 PST
Question ID: 141044
I moved into a new apartment in West Los Angeles and apparently there
was a leak in the apartment above me.  There is mold in the closet and
in the kitchen.  I have told the leasing manager about the problem and
they are lagging on the issue.  What are my rights as a tenant and who
should I contact (i.e. health dept.) to press the issue further?
Answer  
Subject: Re: Renter's Rights
Answered By: missy-ga on 09 Jan 2003 23:06 PST
Rated:5 out of 5 stars
 
Hi Pokerpro!

Your landlord and mine, I think they're related.  Slow landlords are
universal, it seems.

Under California's "warranty of habitability", it is the
responsibility of the landlord to ensure that repairs are made in a
timely fashion:

"The implied warranty of habitability requires landlords to maintain
their rentals in a condition fit for living. In addition, the rental
unit must "substantially comply" with Building and Housing Code
standards that materially affect tenants health and safety. The basic
minimum requirements are the following.

* Roofs and walls must not leak.*******
* Doors and windows must not be broken.
* Plumbing and gas must work.
* Sewer and septic systems must be connected and operating.
* Hot and cold water must be provided.
* Heater must work and be safe.
* Lights and wiring must work and be safe.
* Floors, stairways, and railings must be maintained and safe.
* When you first move in, the rental unit must be clean, with no
trash, rodents, or other animals or pests.
* There must be enough cans or bins with covers for trash."

Repairs and Habitability - Responsibility for Repairs
http://www.co.merced.ca.us/health/envhlth/tenant_s_rights.htm#Repairs

Repairs of such problems as well as repair of damages caused by such
problems is the legal responsibility of the landlord.

Before seeking outside help or legal action, be certain that you have
preserved your legal rights.  Give your landlord another chance to
make the necessary repairs, verbally AND in writing.  Make a note of
the time and date of your telephone or face-to-face conversation with
your landlord.  Additionally, put your complaint in writing and send
it certified mail, return receipt requested, and be certain to keep a
copy of your letter.  While you're waiting for a response from the
landlord, thoroughly document the problem - the date the problem
began, any action or inaction by the landlord, what measures (if any)
you have taken to remedy the situation.  Take pictures of all affected
areas - you'll need these later if the repairs are not made and you
choose to withold rent.  Be certain to make a note of every single
time you speak to the landlord about the problem, including what you
said and how he responded.  Be certain to keep copies of all
correspondence as well.

The law requires that the landlord make the necessary repairs within
thirty days of the date that you notify him of the problem.

Depending on the severity of the problem, you may have certain
remedies available to you if the repairs are not made, including
"repair and deduct" (fix it yourself and deduct the cost from your
rent), "abandonment" (legally moving out, even mid-lease) or "rent
witholding" (putting your rent in escrow until repairs are made).  For
a thorough discussion of these remedies:

HAVING REPAIRS MADE
http://www.dca.ca.gov/legal/landlordbook/repairs.htm

To determine what method is right for your situation, get in touch
with the LA County Department of Consumer Affairs:

Los Angeles County Department of Consumer Affairs
http://consumer-affairs.co.la.ca.us/
Address: 500 W. Temple Street Room B-96
Los Angeles, CA 90012-2706
Phone: (213) 974-1452

They provide information on State Law regarding renting units in
California, repair and rent deduction, habitability, moving out,
security deposits, retaliatory evictions, rental agreements,
abandonment, and the protection of privacy.

For additional information, be certain to check out the California
Tenants Guide:

California Tenants Guide
http://www.dca.ca.gov/legal/landlordbook/

Good luck!

-- Missy

Search terms:  [ "tenants rights" California ]
pokerpro-ga rated this answer:5 out of 5 stars
thanks missy

Comments  
Subject: Re: Renter's Rights
From: expertlaw-ga on 10 Jan 2003 07:37 PST
 
Please keep in mind that the presence of mold has potential health
consequences. Please consider reviewing the relevant material from the
California Indoor Air Quality Program:
http://www.cal-iaq.org/iaqsheet.htm

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