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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26344
Experience:  16 yrs. of trial experience
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I am a 61 yr. old female with a 15 yr. old disabled child living

Resolved Question:

I am a 61 yr. old female with a 15 yr. old disabled child living in the same old apartment for 11 plus years on a 30 day lease. Recently my apartment flooded through no fault of our own. A toilet tank hose blew loose and I could not shut the water off. The valve is corroded on. I have never had new carpeting or paint since I moved in.
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

can you tell me the city and state you are in?
Customer: replied 5 years ago.
I live in Santa Clarita, CA
Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist

Your landlord is responsible to fix this mess

I would notify him in writing. If you did not cause the damage they can not make you pay extra for the carpet


all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is not responsible under the implied warranty of habitability for repairing damages which were caused by the tenant or the tenant's family, guests, or pets


The California department of consumer affairs has a very good website that covers this and other issues

http://www.dca.ca.gov/publications/landlordbook/index.shtml


I would demand that the owner fix this. If he will not you can fix yourself and deduct from next months rent


The landlord can NOT evict you if you complain and then repair and deduct the problem yourself. This is called "Retaliatory eviction"

If the landlord tries to evict, they have to take you to court. At court you can present evidence that the eviction is improper

In order for the tenant to defend against eviction on the basis of retaliation, the tenant must prove that he or she exercised one or more of these rights within the six-month period, that the tenant's rent is current, and that the tenant has not used the defense of retaliation more than once in the past 12 months. If the tenant produces all of this evidence, then the landlord must produce evidence that he or she did not have a retaliatory motive.296 Even if the landlord proves that he or she has a valid reason for the eviction, the tenant can prove retaliation by showing that the landlord's effort to evict the tenant is not in good faith.297 If both sides produce the necessary evidence, the judge or jury then must decide whether the landlord's action was retaliatory or was based on a valid reason.





Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.





P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26344
Experience: 16 yrs. of trial experience
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