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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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I live in Oakland, CA. I have a mold problem in my

Customer Question

I live in Oakland, CA. I have a mold problem in my apartment. I have e-mailed my landlord twice in the past month about this issue and I have received no response from him. What are my rights as a tenant regarding this issue? Thank you.
Submitted: 11 months ago.
Category: Landlord-Tenant
Customer: replied 11 months ago.
Hello,
Please refund my deposit as I did not use you service.
Thank you.
Janet xxxx
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

As a tenant, you are well within your rights to claim constructive eviction and break the lease.

A constructive eviction is when situations have occurred (due to no fault of the tenant) that make the property uninhabitable and the landlord refuses to address them.

Make sure to provide your landlord with the appropriate written notice and opportunity to cure the defects within a specified period of time (typically a reasonable amount of time is approximately 2 weeks). If he/she does not take action, then you can claim constructive eviction.

The following link provides more information regarding constructive eviction:http://napafairhousing.org/landlordtenantstatutes_assets/Utility%20Shutoff%20By%20Llrd%20CCC%20789.3.pdf

I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.