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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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My landlord gave us 30 days to vacate are rent house of 3yrs.

Customer Question

My landlord gave us 30 days to vacate are rent house of 3yrs. She gave me a verbal agreement that she would pay me for materials on a deck railing for my kids. Materials cost me $120. I gave her a store receipt. She refused to pay it. So the following month I'm late on rent like always but I always pay at the end of the month with late fees. But late fees where 120 so I refused to pay. She gave my wife a written letter to get out in 30 days because I always pay rent at the end of the month since I fall behind 2yr ago when I got laid off. There is a code issue that I asked her to fix about the dangers deck with my Kids falling off. My oldestis feel off and it more the four steps with out a rail. She said she doesn't have to accommodate for us a and my kids and we should find some place that will. My wife and I moved in with no kids. We have black mold on alot of are stuff and asked her to fix it. I meet with the plumber she hired and he say it and it was a job he wouldn't touch. I went to work the next day and came home at lunch and she and her husband where patching up the mold with a piece of plastic. They said they killed the mold poured vinegar and bleach and fixed the leak in the wall. It's been two years since and the black mold is no getting worse and we are starting to feel sick alot. I have tried to provide for my family but I feel I am being wrong. I tell the land loard there is still a leak and mold and she tells my wife and I how we should kill get with vinegar and let us know what we pay for the material and she takes it off rent. It's all was bull shit with her. She never pays me what I bill her. Can u help with advice please
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 7 months ago.
Dear Customer,I am sorry to learn of this situation.You can try contacting your local health department and get them to come and perform an inspection.If the health department finds that the home is uninhabitable they can issue a repair order to the landlord and force them to make the necessary repairs.Be aware, that this may not stop the 30 day notice process. If the County Health inspection does not reveal a habitability issue (or if the inspection does not occur prior to the 30 day deadline), the landlord is entitled to pursue the forcible entry and detainer ("eviction") process against you (you can appear in court and defend this action - citing the landlord's failure to repair, and the defects in the home (regardless as to what the health department findings are) as a basis for staying in the unit), but there is a risk that the landlord will prevail and a judgment of possession will be issued by the court.There are many county resources to help you find alternative residences for you and your family. If you contact the County Housing Department, you can notify them that you are facing an imminent eviction proceeding and they can place you higher on their priority list. Many of these also have rental assistance programs to help you get into a home faster.
Customer: replied 7 months ago.
Well can I file for rental insurance for black mold.
Customer: replied 7 months ago.
And do I have a lawsuit against my landlord for not having a professional come in and kill the mold like they should of in the first place
Expert:  CalAttorney2 replied 7 months ago.
You can certainly try.The problem with rental insurance is that not all rental insurance is the same - most policies offer only fire and theft coverage, while others give the policy holder much greater protection. So it really depends on what exactly your policy covers as to what it is going to cover. If you have questions about your policy and what it covers, your insurance agent is going to be the best suited professional to assist you - but you can always file a claim and see if they pay it. (The risk is that this can have an affect on your future premiums).
Expert:  CalAttorney2 replied 7 months ago.
You can use the lawsuit against your landlord as a defense if your landlord chooses to attempt to evict you. The defense is "retaliatory eviction" - and it is a decent defense. This is of course a more aggressive strategy as you are going to be staying in the unit and forcing the landlord to actually file the forcible detainer action against you - at which time you can file your defenses in court - this leaves the "eviction" filing on your rental record (even though you have a very good defense with the "retaliatory eviction" claim), so this is a higher risk/more aggressive strategy, but it is certainly something that is open to you.
Customer: replied 7 months ago.
Am I able to sue her for neglected health concerns for my kids that are 3yr 16 months and 7months old. I have nothing in writing just witnesses
Expert:  CalAttorney2 replied 7 months ago.
Possibly. Doing this is going to require a fair amount of expert testimony (you need an expert to link the mold (or toxins) in the home to your children's health condition). This is not a small claims type case, and if you want to pursue it, I would recommend contacting a personal injury attorney (these cases are tough, so I cannot promise you will find an attorney willing to take it on, but you are going to want help to manage this kind of matter).

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