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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 7442
Experience:  Just Answer consultant at Self employed
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Need some help...my daughter rented a place the land lord

Customer Question

need some help...my daughter rented a place the land lord told her if she cleaned it up which took weeks she would fix the plumbing heat and buy a stove there is no hot water now the lady is demanding rent but she did fix anything she is calling and screaming at her and I tried to talk to the landlord he went nuts on me she is saying get out.....
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Hesperia calif 92445
JA: Has anything been filed or reported?
Customer: I'm not sure where to do that
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 19 days ago.
Category: Landlord-Tenant
Expert:  legalgems replied 19 days ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 19 days ago.

I am very sorry to hear this; fortunately CA has very good tenant protection laws. For example,

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

The landlord can be responsible for the cost of relocating, plus the difference in rent between this apartment and a replacement apartment. Water and heat are deemed necessary in order to make a place habitable.

You can print this out and show it to the landlord; if they fail to comply an attorney can be contacted to help resolve the matter. The court has discretion to award the tenant attorney fees and costs.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 17 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!